Which flood policy do you have?
Look at the declarations page. If it says "Standard Flood Insurance Policy," names the National Flood Insurance Program, or the company is described as a "Write Your Own" (WYO) carrier, your policy is an NFIP policy. The company name on the page may be a familiar private insurer, but it is issuing and adjusting a federal policy under federal rules, and the claim is paid with federal funds. If the policy is an independent private flood form, Florida law and the policy's own terms govern instead.
The NFIP has three forms: the Dwelling Form (houses and individual condo units), the General Property Form (most commercial buildings and some residential buildings) and the Residential Condominium Building Association Policy (condo associations). The rules below come from the Dwelling Form, 44 CFR Part 61, Appendix A(1); the other forms are similar on deadlines.
What counts as a "flood"
The SFIP pays only for direct physical loss by or from flood. "Flood" means a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area, or of two or more properties (one of which is yours), from overflow of inland or tidal waters, unusual and rapid accumulation or runoff of surface waters from any source, or mudflow. It also includes collapse or subsidence of land along a shore caused by erosion or undermining from waves or currents exceeding anticipated cyclical levels.
In a hurricane, that covers storm surge, overflowing rivers and canals, and heavy rain that accumulates and rises into the building. It does not cover wind, or rain that enters through a wind-damaged roof; those belong to your homeowners policy (see wind-driven rain).
NFIP claim, step by step
- Give prompt written notice to your flood insurer. Ask for the claim number and the assigned adjuster's name.
- Document before you clean. Measure and photograph the water line in every room and outside. Photograph damaged items before disposal, and keep samples of flooring and drywall where practical. The SFIP requires you to separate damaged and undamaged property and keep an inventory. Our documentation checklist covers this in detail.
- Mitigate. Begin cleanup and drying when safe. The policy can reimburse reasonable costs to protect the property and limited costs for moving property to safety.
- Meet the adjuster. The adjuster inspects and prepares an estimate. Under the SFIP the adjuster is not authorized to approve or deny the claim; the insurer decides.
- File a proof of loss within 60 days. The SFIP requires a signed and sworn proof of loss within 60 days after the loss, stating the amount you claim, with supporting documents. The policy states that you must send it even if the adjuster does not give you the form. The insurer may, at its option, accept the adjuster's report instead, which you must sign. After large hurricanes, FEMA has at times extended the proof-of-loss deadline; get any extension in writing.
- Review the payment or denial. If items are missing, submit a supplemental proof of loss with documentation. Ask for the adjuster's report and photographs.
- Dispute if needed. You may request appraisal for a disagreement over the amount of loss, file a FEMA appeal, or sue. These routes interact, as explained below.
What is and is not paid
| Usually paid | Usually not paid by NFIP |
|---|---|
| Building structure, foundation, electrical and plumbing, HVAC, water heaters, built-in appliances, cabinets, permanently installed flooring | Additional living expenses, hotel and meal costs, loss of use |
| Contents, if you bought contents coverage, at actual cash value | Damage caused by wind or wind-driven rain |
| Debris removal; reasonable loss-avoidance measures | Most finishes and contents in basements and certain areas below the lowest elevated floor |
| Increased Cost of Compliance up to $30,000 when local rules require elevation or mitigation after substantial damage | Landscaping, pools, decks, fences and most property outside the building |
Limits for a one-to-four family residence are up to $250,000 for the building and $100,000 for contents. Building losses on a single-family principal residence are paid at replacement cost when the home is insured to at least 80% of its replacement cost or the program maximum; otherwise at actual cash value. New policies generally have a 30-day waiting period before coverage starts, with exceptions such as purchases tied to a loan closing.
Disputes: appraisal, FEMA appeal, or lawsuit
- Appraisal is available under the SFIP for disagreements over the amount of a covered loss. It does not resolve coverage questions.
- FEMA appeal. Under 44 CFR 62.20, after the insurer's written denial of all or part of the claim, you may appeal to FEMA within 60 days of the date of the denial. An issue that has been through appraisal cannot be appealed, and filing an appeal on an issue removes it from appraisal. Filing suit ends any pending appeal. An appeal does not extend the policy's time limits.
- Lawsuit. Under 42 U.S.C. 4072 and the SFIP, suit must be filed in the United States District Court for the district where the property is located, within one year after the date of the written denial of all or part of the claim. Federal courts have generally held that state-law claims-handling remedies, such as Florida bad-faith claims, do not apply to NFIP claims handled by WYO carriers.
The one-year clock starts at the first written denial of all or part of the claim, even if you keep negotiating, supplement the claim, or appeal. Calendar it the day the letter arrives.
Private flood policies in Florida
Florida permits private flood insurance under s. 627.715, Florida Statutes, including policies that meet federal lender requirements. These are state-regulated contracts, so they can differ from the NFIP in important ways: higher limits, replacement cost on contents, coverage for living expenses or basements, and different definitions of "flood." Florida's general property-claim rules may also apply, including the notice deadline in s. 627.70132 and, for residential coverage, the claim-handling timelines in s. 627.70131. Disputes go to state court or as the policy provides. Read the policy itself rather than assuming NFIP rules apply.
Running the flood and wind claims together
Most hurricane flood losses also involve a homeowners claim for wind. Give notice to both carriers, share the same water-line measurements with both, and make sure each line item in each estimate is assigned to one policy. If the homeowners insurer denies wind damage by calling it flood while the flood insurer calls it wind, read claim denied as flood and wind vs flood damage. Deadlines for both are side by side in our deadlines guide.
Flood claim FAQ
What is the deadline to file an NFIP proof of loss?
Within 60 days after the loss, under the Standard Flood Insurance Policy, unless FEMA grants an extension. Send a signed, sworn proof of loss with supporting documents and keep proof of delivery.
How long do I have to sue my NFIP flood insurer?
One year from the date of the written denial of all or part of the claim, in the U.S. District Court for the district where the property is located (42 U.S.C. 4072). A FEMA appeal does not extend this deadline.
Does flood insurance pay for my hotel after a hurricane?
The NFIP does not pay additional living expenses or loss of use. Some private flood policies do. Your homeowners policy may pay loss of use if a covered peril such as wind made the home unlivable.
Can I appeal an NFIP decision to FEMA?
Yes. Under 44 CFR 62.20 you may submit a written appeal to FEMA within 60 days of the insurer's written denial, with a copy of the denial and supporting documents. Issues already decided by appraisal cannot be appealed, and suing ends any pending appeal.
Do Florida's claim-handling statutes apply to my flood policy?
Generally not to an NFIP policy, which is governed by federal law. A private flood policy issued under Florida law may be subject to Florida's property-claim statutes. Check the policy and get advice about which rules govern your claim.
Last reviewed: October 2026. Florida statutes cited are from the 2026 Florida Statutes; NFIP terms from 44 CFR Part 61, Appendix A.