Florida claim deadlines were shortened in the 2021–2022 reforms, and most homeowners still assume they have more time than they do. The rules below are drawn from the current text of the Florida Statutes. Your own deadlines depend on your policy language, your date of loss and the law in effect for your policy, so treat this as a map, not a calculation for your case.
Your deadlines as the policyholder
Notice of claim
A new or reopened claim is barred unless notice is given within 1 year after the date of loss. A supplemental claim is barred unless notice is given within 18 months after the date of loss.
These limits apply to property insurance policies, including surplus lines policies, for loss from any peril. A different 3-year rule applies to condominium loss assessment coverage.
What counts as the date of loss? For a hurricane, tornado, windstorm, severe rain or other weather event, s. 627.70132(3) defines it as the date the hurricane made landfall or, for other weather events, the date NOAA verifies the event occurred. Under s. 627.70132(1), a supplemental claim is a claim for additional loss or damage from the same peril that the insurer has already adjusted, or for costs incurred while completing repairs under an open, timely claim. A reopened claim is a claim the insurer closed and then reopened at the insured's request for additional costs for loss or damage already disclosed to it.
The statute also tolls these limits while a servicemember named insured is deployed to a combat zone or combat support posting that materially affects the ability to file.
Lawsuit for breach of the policy
Within five years: “an action for breach of a property insurance contract, with the period running from the date of loss.”
Section 627.70132(5) says the notice section does not change these civil-action limits for claims that were noticed on time.
Policy deadlines
Your policy adds its own time limits that apply alongside the statutes. Common examples are a duty to give “prompt” notice, a sworn proof of loss within a set number of days after the insurer asks for one, and deadlines to respond to requests for documents or an examination under oath. Read the “Duties After Loss” section of your policy carefully; failing a policy condition is a frequent basis for denial.
Date-of-loss calculator
The insurer's deadlines
Section 627.70131 sets the insurer's claim-handling clock. Several of these duties are also summarized in the Homeowner Claims Bill of Rights, which a personal residential insurer must send within 14 days after it receives an initial claim communication (s. 627.7142).
| Duty | Deadline | Subsection |
|---|---|---|
| Acknowledge a claim communication | 7 calendar days after receipt | (1)(a) |
| Begin a reasonably necessary investigation | 7 days after receiving proof-of-loss statements | (3)(a) |
| Complete any physical inspection | 30 days after receiving proof-of-loss statements | (3)(b) |
| Send you a copy of a detailed estimate | 7 days after its adjuster generates it | (3)(e) |
| Pay or deny an initial, reopened or supplemental claim | 60 days after notice of the claim | (7)(a) |
| Explain a denial, partial denial, or payment below its estimate | In writing, with the decision | (7)(a) |
The 60-day rule applies to residential claims and to commercial claims for structures or contents of 10,000 square feet or less. It does not apply to nonresidential commercial coverage spanning more than one state. Interest on a late payment runs from the date the insurer received notice of the claim.
When the insurer's clock can stretch
- Factors beyond its control. The deadlines do not apply when factors beyond the insurer's control reasonably prevent compliance. Section 627.70131(5)(a) defines these to include a state of emergency declared by the Governor, a reportable security breach, or certain information technology problems.
- Emergency extensions. After a qualifying event, the Office of Insurance Regulation may extend the pay-or-deny period, but by no more than 30 additional days.
- Tolling. Under subsection (8), the periods are tolled during mediation or other alternative dispute resolution, and when the policyholder does not provide requested material information within 10 days.
Deadlines once there is a dispute
| Step | Timing | Source |
|---|---|---|
| Pre-suit notice of intent to sue | At least 10 business days before filing; not before the insurer's coverage determination | s. 627.70152(3)(a) |
| Insurer's response to pre-suit notice | 10 business days after receipt | s. 627.70152(4) |
| Insurer reinspection after a denial notice | 14 more business days to accept or keep denying | s. 627.70152(4)(a) |
| Appraisal or ADR not concluded | You may sue without further notice 90 days after the notice period ends | s. 627.70152(4)(b) |
| Civil Remedy Notice cure period | 60 days after the insurer receives the notice | s. 624.155(3) |
| CRN after appraisal is invoked (residential) | Not within 60 days after appraisal is invoked | s. 624.155(3)(f) |
| Rescinding a DFS mediation settlement | 3 business days, unless the check was cashed or deposited | s. 627.7015(6) |
See the pre-suit notice guide and the bad faith guide for the tolling rules that keep limitations periods from expiring while these processes run.
Older losses and changing law
Florida changed its claim deadlines several times in recent years. Losses and policies from before the 2022 reforms may be governed by earlier versions of s. 627.70132, which allowed more time, and the insurer's pay-or-deny period was longer under prior law. Which version applies can depend on the date of loss and on when the policy was issued or renewed. If your loss is more than a year old, get advice before assuming a claim is or is not barred.
Frequently asked questions
How long do I have to file a property insurance claim in Florida?
Under s. 627.70132, notice of a new or reopened claim must be given within 1 year after the date of loss, and notice of a supplemental claim within 18 months. Your policy may also require prompt notice, so report as soon as you can.
How long does a Florida insurer have to pay or deny my claim?
Generally 60 days after it receives notice of the claim, under s. 627.70131(7)(a), unless factors beyond its control prevent it. Emergency extensions are capped at 30 additional days.
How long do I have to sue my insurance company?
Section 95.11(2)(e) allows five years from the date of loss for an action for breach of a property insurance contract. You must still have given timely notice of the claim, and you must give pre-suit notice under s. 627.70152 before filing.
When does the clock start for a hurricane claim?
For notice purposes, the date of loss for a hurricane is the date it made landfall, under s. 627.70132(3).
What happens if I miss the notice deadline?
The statute says a claim not noticed within the limit is barred. There are narrow exceptions, such as tolling for deployed servicemembers. A lawyer can check whether an earlier version of the law, or a different date of loss, applies to you.