The homeowners (windstorm) side
These rules apply to homeowners, condo-unit, dwelling and many commercial property policies covering Florida property, including surplus lines policies, unless a rule says otherwise.
| Deadline | What it requires | Source |
|---|---|---|
| Date of loss | For hurricanes, the date the hurricane made landfall. For other weather events, the date verified by NOAA. | s. 627.70132(3) |
| 7 days | Insurer reviews and acknowledges your communications about the claim. | s. 627.70131(1) |
| 7 days | Insurer begins any reasonably necessary investigation after receiving proof-of-loss statements. | s. 627.70131(3)(a) |
| 30 days | Insurer conducts any physical inspection after receiving proof-of-loss statements. | s. 627.70131(3)(b) |
| 7 days | Insurer sends you its adjuster's detailed estimate after it is generated. | s. 627.70131(3)(e) |
| 60 days | Insurer pays or denies the claim, or a portion of it, after notice of an initial, reopened or supplemental claim, with a written explanation. Late payments generally bear interest. | s. 627.70131(7)(a) |
| 1 year | Notice of a new or reopened claim, measured from the date of loss. | s. 627.70132(2) |
| 18 months | Notice of a supplemental claim, measured from the date of loss. | s. 627.70132(2) |
| 10 business days | Pre-suit notice of intent to litigate, filed through DFS, before suit; not before the insurer's coverage determination. The insurer responds within 10 business days. | s. 627.70152(3)–(4) |
| 60 days | Civil Remedy Notice cure period before an extra-contractual bad-faith action; a residential CRN cannot be filed within 60 days after appraisal is invoked. | s. 624.155(3) |
| 5 years | Statute of limitations for an action for breach of a property insurance contract, running from the date of loss. | s. 95.11(2)(e) |
The 60-day pay-or-deny rule applies to residential coverage and to commercial claims on structures of 10,000 square feet or less. It can be extended up to 30 days by an Office of Insurance Regulation order after a declared emergency, and it is tolled during DFS mediation or if you do not provide requested material information within 10 days.
Older losses and changing rules
These deadlines have changed several times. The 1-year and 18-month notice limits took effect December 16, 2022 (Senate Bill 2-A); before that, the limits were 2 years for new or reopened claims and 3 years for supplemental claims, and earlier versions gave windstorm and hurricane claims 3 years. The shorter insurer timelines (7, 30 and 60 days) took effect March 1, 2023, replacing 14-, 45- and 90-day periods. Which version governs an older hurricane depends on the date of loss and the policy, so get advice before assuming an older claim is too late, or still timely.
The NFIP flood side
| Deadline | What it requires | Source |
|---|---|---|
| Promptly | Written notice of the flood loss to the insurer. | SFIP, 44 CFR Part 61 App. A |
| 60 days | Signed, sworn proof of loss after the loss, unless FEMA extends the deadline. | SFIP, Requirements in Case of Loss |
| 60 days | Optional written appeal to FEMA after the insurer's written denial of all or part of the claim. Does not extend other deadlines. | 44 CFR 62.20(e) |
| 1 year | Lawsuit in U.S. District Court after the date of the written denial of all or part of the claim. | 42 U.S.C. 4072; SFIP |
A private flood policy follows its own contract and Florida law, which may include the notice deadlines in s. 627.70132. See the flood insurance claim guide.
Dispute routes and how they affect time
- DFS mediation (s. 627.7015). Available for most personal lines and commercial residential claims before appraisal or suit; the insurer pays the cost of mediation. The insurer's 60-day pay-or-deny period is tolled while mediation is pending.
- Appraisal. A policy-based process for disputes over the amount of loss. It does not by itself stop the statute of limitations, and invoking it affects when a CRN can be filed on a residential claim.
- Pre-suit notice (s. 627.70152). Required before suing on a residential or commercial property policy. If a statute of limitations would expire during the 10-business-day notice period, the statute provides that it is tolled for that period.
- NFIP appeal (44 CFR 62.20). A FEMA appeal does not stop the one-year federal suit deadline.
Do not let the other policy's schedule set yours. A homeowners dispute can take months while the NFIP one-year suit period is running from a partial denial letter. Calendar each deadline separately.
Changes that affect strategy, not just dates
Florida's 2022–2023 reforms changed the economics of property claims. Senate Bill 2-A (December 2022) and House Bill 837 (March 2023) eliminated the one-way attorney fee statutes that previously required insurers to pay a prevailing policyholder's attorney fees in most property insurance suits; for most new disputes, those fee-shifting rules no longer apply. Post-loss assignment of benefits to contractors is prohibited for residential and commercial property policies issued on or after January 1, 2023 (s. 627.7152(13)). Those changes make the pre-suit process, mediation and appraisal more important, and they are reasons to ask early how fees and costs would work in your case.
A simple calendar to build today
- Write down the landfall date of the hurricane. That is your date of loss for the homeowners claim.
- Add 1 year (notice of a new claim) and 18 months (supplemental claim).
- Add 60 days from the flood loss for the NFIP proof of loss, and check for FEMA extensions.
- Note the date you gave notice to each insurer; add 60 days for the homeowners pay-or-deny deadline.
- When any denial letter arrives, add 60 days (FEMA appeal) and 1 year (federal suit) for flood.
- Keep the 5-year homeowners suit limit in view, remembering pre-suit notice must come first.
Deadline FAQ
How long do I have to file a hurricane claim in Florida?
Under current law, notice of a new or reopened property insurance claim generally must be given within 1 year after the date of loss, and a supplemental claim within 18 months (s. 627.70132). For hurricanes, the date of loss is the landfall date. Older losses may be governed by earlier, longer limits.
How long does my insurer have to pay a hurricane claim?
Generally 60 days after receiving notice of the claim to pay or deny all or part of it, unless factors beyond the insurer's control apply (s. 627.70131(7)). Late payments generally bear interest from the date of notice.
What is the deadline to sue my homeowners insurer?
Florida's statute of limitations for breach of a property insurance contract is 5 years from the date of loss (s. 95.11(2)(e)). Before suing, you must give 10 business days' pre-suit notice through DFS (s. 627.70152).
Does a FEMA appeal extend my time to sue on a flood claim?
No. Under 44 CFR 62.20, an appeal does not extend the policy's time limits. Suit must still be filed within one year of the written denial.
Last reviewed: October 2026. Florida statutes cited are from the 2026 Florida Statutes; NFIP terms from 44 CFR Part 61, Appendix A.