Lawyers Guide: Property Insurance – Hollywood, Florida

Introduction: Why Hollywood, Florida Homeowners Need This Guide

With nearly year-round sunshine and just a few miles of Atlantic shoreline, Hollywood, Florida offers an enviable lifestyle. Yet the same subtropical climate that lures new residents also threatens their homes with hurricanes, tropical storms, wind-driven rain, and frequent flooding. Broward County building officials report that insured losses following Hurricane Irma alone exceeded $1.5 billion county-wide, and thousands of claims originated from ZIP Codes 33019, 33020, and 33021—Hollywood’s core neighborhoods.

When a storm, pipe burst, or fire damages property, Hollywood homeowners expect their insurer to pay promptly. Unfortunately, carriers often delay, underpay, or deny valid claims even when premiums are current. If you have experienced a property insurance claim denial Hollywood Florida, this guide will help you understand the laws designed to protect policyholders, the common tactics insurers use, and the practical steps you can take—up to and including hiring a Florida attorney—to secure the benefits you paid for.

The information below is tailored to Florida statutes, regulations, and case law as they apply specifically to homeowners in Hollywood and the rest of Broward County. We cite only authoritative sources, including the Florida Statutes, the Florida Administrative Code, and opinions from Florida appellate courts.

1. Understanding Your Property Insurance Rights in Florida

Contractual Rights

Your homeowners insurance policy is a contract governed by Florida law. Under that contract you typically have the right to:

• Receive indemnity for covered losses up to the policy limits.

• Be treated in good faith, meaning the insurer must handle your claim promptly, fairly, and honestly.

• Receive a coverage decision within 90 days of submitting a proof of loss, per Fla. Stat. § 627.70131(7)(a).

• Demand appraisal or mediation when the amount of loss is in dispute, if those options are provided in your policy or mandated by law.

Statutory Rights

Florida augments contractual protections with statutory rights, many found in Chapter 627 of the Florida Statutes:

• Prompt Payment: If the insurer fails to pay undisputed amounts within 90 days, it may owe interest from the date of loss (Fla. Stat. § 627.70131).

• Notice of Denial: A denial must state the specific policy provisions relied upon. Vague denials violate the Unfair Insurance Trade Practices Act (Fla. Stat. § 626.9541(1)(i)).

• Civil Remedy: Policyholders can file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services (DFS) if the insurer acts in bad faith (Fla. Stat. § 624.155).

• Right to Counsel Fees: In many first-party property suits, prevailing homeowners may recover attorney’s fees (Fla. Stat. § 627.428).

Deadlines You Cannot Miss

Florida imposes strict time limits. Missing them can forfeit your claim entirely.

• Notice to Insurer: Most policies require notice “promptly” or within 30 days of discovering damage. Failure to provide timely notice gives the carrier a defense, though you can rebut prejudice in some cases (Bankers Ins. v. Macias, 475 So. 2d 1216, Fla. 1985).

• Suit Limitation: Florida’s statute of limitations for property insurance contract actions is 5 years from the date of breach (usually the date of denial), per Fla. Stat. § 95.11(2)(e). A shorter period printed in your policy is unenforceable if it violates this statute.

• Hurricane Claims: Separate notice requirements apply for hurricane losses (e.g., initial notice within 1 year; supplemental claims within 18 months) under Fla. Stat. § 627.70132.

2. Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers cite many justifications for denial or underpayment. Understanding these can help you prepare a formidable rebuttal.

a) Late Notice

Carriers often argue that delayed reporting deprived them of the chance to inspect before repairs. Courts balance timely notice against prejudice to the insurer, but do not assume prejudice automatically (Estrada v. Citizens, 276 So.3d 905, Fla. 3d DCA 2019).

b) Wear and Tear Exclusion

Policies exclude maintenance issues or long-term deterioration. However, resulting damage from a sudden event (e.g., wind opening a roof seam) may still be covered even if the roof was old.

c) Water Backup vs. Flood

Standard HO-3 policies exclude flood damage, while covering sudden pipe bursts. Hollywood homeowners near Northlake and the Intracoastal Waterway frequently face this distinction after king-tide events.

d) Concurrent Causation

Florida’s anti-concurrent causation clause allows carriers to deny if an excluded peril (e.g., flood) and a covered peril (wind) combine. Yet case law such as Sebastian v. State Farm, 46 So. 3d 950 (Fla. 4th DCA 2010) holds that when independent causes co-exist, the damage caused solely by a covered peril remains indemnifiable.

e) Misrepresentation or Fraud

Insurers may void a policy if they believe you inflated damages or concealed prior losses. However, the burden of proof rests on the carrier, and innocent mistakes generally are not fraud.

3. Florida Legal Protections & Insurance Regulations

The Role of Florida Department of Financial Services (DFS)

DFS licenses adjusters, arbitrates consumer complaints, and hosts the required mediation program for residential property claims under Fla. Admin. Code 69J-166.031. Before filing suit, many Hollywood homeowners choose or are ordered to attend DFS mediation in downtown Fort Lauderdale.

Bad-Faith Statute

Under Fla. Stat. § 624.155, an insurer acting in bad faith can be liable for the full judgment plus consequential damages. Filing a CRN puts the carrier on a 60-day clock to cure the violation.

Prompt Pay Statute

Fla. Stat. § 627.70131 requires payments or denials within 90 days after the insurer receives written proof of loss. Recent 2022 amendments shortened certain deadlines to 60 days for hurricanes filed on or after January 1, 2023.

Assignment of Benefits (AOB) Reforms

To combat alleged abuse, the Legislature passed Fla. Stat. § 627.7152, limiting attorneys’ fees in AOB suits and imposing notice requirements. Hollywood contractors still accept AOBs, but homeowners must sign a detailed contract and can rescind within 14 days.

Attorney Licensing & Ethical Duties

Only members in good standing of The Florida Bar may give legal advice or represent homeowners in court. Attorneys must comply with the Rules Regulating The Florida Bar, including Rule 4-1.5 on reasonable fees and Rule 4-1.8 on prohibited transactions.

4. Steps to Take After a Property Insurance Claim Denial in Florida

1. Request a Written Explanation

Insist on a denial letter citing specific policy language. Without that, the denial may violate Fla. Stat. § 626.9541(1)(i)3.f.

2. Review Your Policy Declarations and Endorsements

Look for special deductibles (wind/hail), coverage extensions, ordinance & law clauses, and water damage sub-limits.

3. Document the Damage Thoroughly

• Take date-stamped photos and video of every affected room.

• Keep receipts for materials and temporary repairs as permitted by Fla. Stat. § 627.70131(5)(a).

• Obtain professional estimates from licensed Broward County contractors.

4. Consider DFS Mediation

You may file online through the Florida Department of Financial Services Consumer Portal. Most sessions occur virtually or at the Broward County Governmental Center.

5. File a Supplemental Claim

If new damage or underpaid items arise, submit a supplemental claim in writing. Remember hurricane supplemental claims must be filed within 18 months (Fla. Stat. § 627.70132).

6. Preserve the 5-Year Litigation Window

Mark your calendar five years from the date of denial—not from the storm date—to ensure you can timely file suit.

5. When to Seek Legal Help in Florida

Red Flags Warranting a Florida Attorney

• The carrier alleges fraud or intentional misrepresentation.

• You receive a partial payment that does not cover even obvious repairs.

• Multiple engineers or adjusters have inspected without resolution.

• The claim involves complex issues like matching of undamaged tile, ordinance & law coverage, or appraisal clauses.

An experienced Florida attorney can evaluate coverage, preserve evidence, and comply with pre-suit notice rules under Fla. Stat. § 627.70152 enacted in 2021. Fee-shifting provisions often allow the lawyer to front costs and recover fees from the insurer if you prevail.

Selecting Counsel in Hollywood

Check that the lawyer is:

• Licensed and in good standing with The Florida Bar.

• Experienced in first-party property litigation, not just personal injury.

• Familiar with Broward County Circuit Court procedures.

Many firms offer free inspections and work on contingency, aligning their interests with yours.

6. Local Resources & Next Steps

Government & Non-Profit Assistance

Florida Bar Lawyer Referral Service – for matching with licensed attorneys. Broward County Clerk of Courts – file suits, review case dockets. Florida Division of Emergency Management – disaster recovery resources.

Community Notes

Hollywood neighborhoods such as Emerald Hills, Hollywood Lakes, and West Hollywood often fall under different wind-borne debris zones, impacting insurance premiums and deductibles. Confirm your property’s construction year and compliance with the 2010 Florida Building Code amendments, which can influence ordinance & law coverage reimbursements.

Checklist for Hollywood Homeowners

• Locate your full policy PDF (including endorsements).

• Photograph and video record all damaged areas.

• Submit a detailed proof of loss with contractor estimates.

• Track every call and email with the insurer in a claim diary.

• Evaluate mediation or legal counsel before the 5-year limit expires.

Legal Disclaimer

This guide is for informational purposes only and is not legal advice. Laws change, and your facts matter. Consult a licensed Florida attorney before making legal decisions.

If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.