Questions
First-party property insurance claim denied in Florida.
A denial, a partial payment, or a claim that sits. What Florida law says about each.
What is a first-party property insurance claim?
A claim you make under your own policy for damage to your home, condo, or business property. “First party” means you are the insured asking your own insurer to pay. Roof, wind, water, and fire claims are common examples.
How long does a Florida insurer have to pay or deny a property claim?
Under section 627.70131, Florida Statutes, the insurer must pay or deny the claim, or a part of it, within 60 days after it receives notice of the claim, unless something outside its control reasonably prevents it. The insurer must also acknowledge a claim communication within 7 days.
How long do I have to report a property insurance claim in Florida?
Under section 627.70132, notice of a new or reopened claim must be given within one year after the date of loss, and notice of a supplemental claim within 18 months. For a hurricane or windstorm, the date of loss is the date of landfall or the date the weather service verifies the event. An older loss may fall under an earlier version of the statute.
My property insurance claim was denied. What should I do first?
Get the denial in writing, with the policy language the insurer relied on. Ask for a complete copy of your policy, including the declarations page and endorsements. Keep photos, repair estimates, and every letter and email from the insurer.
Is an underpayment treated like a denial?
A payment that falls short of the cost of the repair can be disputed. The policy, the estimates, and the insurer's written explanation decide what the next step is.
Can I use mediation or appraisal instead of a lawsuit?
Often. Florida's Department of Financial Services runs a mediation program for many residential property claims under section 627.7015. Many policies also have an appraisal clause for disputes about the amount of the loss. Neither is right for every file.
What has to happen before I can sue my property insurer in Florida?
Under section 627.70152, a written notice of intent to initiate litigation must be filed with the Department of Financial Services at least 10 business days before the lawsuit. It cannot be sent until the insurer has made a coverage decision.
More on this: Insurance disputes. Other questions.
By Shabsi Kabacznik, Florida Bar No. 1038917. Updated . General information, not legal advice for your case.