Wind Damage Claim Denied in Hollywood, FL

A denied wind damage claim can feel like a second disaster after the storm. You've paid your premiums faithfully, filed your claim promptly, and then your insurance company sends a letter explaining why they won't pay. For Hollywood, Florida homeowners and business owners, this scenario is far too common — particularly after hurricane-force winds, tropical storms, and severe weather events that regularly batter Broward County.

Understanding why claims get denied, what your rights are under Florida law, and how to fight back effectively can mean the difference between absorbing a catastrophic financial loss and getting the full compensation you deserve.

Common Reasons Insurers Deny Wind Damage Claims in Florida

Insurance companies deny wind damage claims for a variety of reasons, some legitimate and many that are not. Knowing the tactics insurers use is the first step toward challenging an unfair denial.

• Pre-existing damage exclusions: Adjusters frequently attribute fresh storm damage to prior wear and tear or deferred maintenance. They may claim your roof was already deteriorated before the storm, even when wind clearly caused the visible destruction.
• Causation disputes: Insurers sometimes argue that water intrusion — not wind — caused the damage, allowing them to invoke flood exclusions. This is especially common when a storm damages your roof and subsequent rain causes interior flooding.
• Policy exclusions: Many policies exclude damage from flooding, storm surge, or "gradual deterioration." Adjusters may misclassify wind damage under one of these exclusions to avoid payment.
• Insufficient documentation: If the initial claim lacked photographs, inspection reports, or contractor estimates, the insurer may deny on the grounds that the damage was not adequately proven.
• Late reporting: Florida insurance policies typically require prompt notice of loss. Insurers sometimes deny claims citing delayed reporting, even when the delay was reasonable given the chaos following a major storm.
• Disputed value: The insurer may acknowledge some damage but offer a drastically undervalued settlement, effectively functioning as a partial denial.

Florida Law Protections for Policyholders

Florida provides some of the strongest policyholder protections in the nation, and insurers operating in Hollywood are bound by these statutes. Understanding your legal rights is critical when facing a denial.

Under Florida Statute § 627.70131, insurers must acknowledge receipt of a claim within 14 days and either pay or deny the claim within 90 days of receiving proof of loss — with limited exceptions. Violations of these timelines can expose the insurer to bad faith liability.

Florida's Insurance Bad Faith statute (§ 624.155) allows policyholders to pursue damages beyond the policy limits when an insurer acts in bad faith by unreasonably denying or delaying a legitimate claim. Before filing a bad faith action, you must submit a Civil Remedy Notice (CRN) to the Florida Department of Insurance and give the insurer 60 days to cure the violation. This procedural step is essential and time-sensitive.

Florida also follows the concurrent causation doctrine in many circumstances, which can be particularly important in wind damage cases. When covered wind damage and an excluded cause (like flooding) both contribute to a loss, the analysis of how the policy applies becomes complex — and favorable arguments exist for policyholders in many situations.

Additionally, Florida homeowners have the right to invoke the appraisal process when there is a dispute over the amount of loss, even if the insurer has accepted coverage. Appraisal can be a powerful tool to resolve valuation disputes without full litigation.

Steps to Take After a Wind Damage Denial in Hollywood

A denial letter is not the end of the road. There are concrete steps you should take immediately to protect your claim and build a strong case for recovery.

• Read the denial letter carefully: The letter must state the specific reason for denial and cite the policy language the insurer is relying on. Vague or conclusory denials may themselves be violations of Florida law.
• Preserve all evidence: Document the damage thoroughly with photographs and video. Secure contractor repair estimates and, if possible, obtain an independent inspection from a licensed public adjuster or roofing contractor.
• Request your complete claim file: You have the right to obtain all documents related to your claim, including the adjuster's notes, inspection reports, and internal communications. This can reveal improper handling.
• Hire a public adjuster: A licensed public adjuster works exclusively for you — not the insurance company — and can re-inspect the damage, document losses the insurer missed, and negotiate directly with the carrier.
• Review your policy deadlines: Florida policies often contain suit limitation clauses requiring legal action within a specific period after the date of loss or denial. Missing these deadlines can permanently bar your claim.
• Consult a first-party property insurance attorney: If the insurer continues to deny or undervalue your claim, an experienced attorney can evaluate whether bad faith remedies are available and pursue litigation on your behalf.

Hollywood-Specific Considerations for Storm Damage Claims

Hollywood, Florida sits in a high-wind zone prone to tropical storms and hurricanes. Broward County properties face unique exposure, and local insurance markets have responded by tightening exclusions and scrutinizing claims more aggressively in recent years.

Many Hollywood homeowners carry policies with separate wind deductibles, which are calculated as a percentage of the insured value rather than a flat dollar amount. On a $400,000 home with a 2% wind deductible, you absorb the first $8,000 of wind damage out of pocket. Insurers sometimes improperly apply these deductibles to inflate what they classify as the policyholder's share.

Hollywood's aging housing stock — particularly homes built before Florida adopted its current strict wind-resistant building codes — presents special challenges. Insurers frequently argue that older roofs and structures had pre-existing vulnerabilities, using this to minimize or deny claims on homes that suffered clear storm damage. The fact that an older roof was damaged by a storm does not automatically make that damage excluded under most policy language.

Following major Florida storms in recent years, the state has seen substantial insurer insolvencies and policy non-renewals, leaving some Hollywood homeowners in Citizens Property Insurance. Citizens operates under different claims handling rules, and navigating a denial from Citizens requires familiarity with its specific procedures and timelines.

When to Consider Legal Action

Not every denied claim requires a lawsuit, but certain circumstances strongly indicate that legal intervention is necessary. You should seriously consider retaining an attorney when the insurer has denied coverage outright based on questionable policy interpretation, when the offered settlement is dramatically below actual repair costs, when the insurer has unreasonably delayed the claims process, or when there is evidence that the adjuster conducted a cursory or biased inspection.

Florida law allows policyholders to recover attorney's fees from the insurance company if they prevail in a coverage dispute, which means that in many cases you can pursue your full claim without paying legal fees out of pocket. This fee-shifting provision is a critical protection that levels the playing field against well-funded insurance carriers.

Time matters. Florida's statute of limitations for breach of an insurance contract is generally five years for contracts entered before the 2023 legislative changes, though recent reforms have shortened this period for newer policies. Consulting an attorney promptly after a denial ensures you do not inadvertently waive rights through inaction.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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