Florida Insurer Claim Deadlines: What Your Insurer Must Do and When

Why these clocks matter to you

You reported the damage. Now you are waiting for a call, an inspection, an estimate or a check, and it can feel like nothing is moving. Florida does not leave that timing open. The law sets days for each step your insurer takes, and knowing them helps you tell normal waiting from a real delay.

The main rules are in Fla. Stat. s. 627.70131. For that section, “insurer” means a residential property insurer, and it also covers surplus lines insurers that write residential coverage. The pay-or-deny rule also reaches some small commercial claims: structure or contents claims on insured buildings of 10,000 square feet or less, and contents claims under a commercial tenant policy for premises of 10,000 square feet or less. The most recent changes listed in the statute’s history are two 2022 laws, chapters 2022-268 and 2022-271.

These are the insurer’s clocks. You have your own deadlines too, and they are shorter than many people think. Those are covered at the end of this page and in more depth in how long you have to file a Florida claim.

The insurer’s clocks, step by step

Here is the order most residential claims follow, with the deadline the statute attaches to each step. Each one is subject to the exceptions in the next section.

• Acknowledge your communication: 7 calendar days. When the insurer receives a communication about a claim, it must review and acknowledge it within 7 calendar days, unless it pays within that time. If your message is the notice of a new claim, the acknowledgment must include the claim forms, instructions and a phone number, unless it tells you the claim appears not to be covered.
• Send the Homeowner Claims Bill of Rights: 14 days. Under s. 627.7142, an insurer that writes personal lines residential property insurance must send you this plain-language summary within 14 days after it receives the first communication about your claim.
• Begin the investigation: 7 days. Unless the policy or law says otherwise, the insurer must begin a reasonably necessary investigation within 7 days after it receives proof-of-loss statements.
• Inspect, if an inspection is needed: 30 days. Any physical inspection must happen within 30 days after the insurer receives the proof-of-loss statements. The adjuster must give you a printed or electronic document with his or her name and state adjuster license number, and later messages must include them too.
• Share its estimate: 7 days. The insurer must send you a copy of any detailed estimate within 7 days after its adjuster generates it.
• Pay or deny: 60 days. Within 60 days after it receives notice of an initial, reopened or supplemental claim, the insurer must pay or deny the claim or a portion of it, and explain the basis in writing.

Two of these clocks run from the insurer’s receipt of proof-of-loss statements, not from the day you first called. The 60-day clock runs from notice of the claim. If you are tracking dates, write down when you reported, when you sent any proof of loss, and how you sent it.

If the payment is less than the insurer’s own detailed estimate, the statute requires a written explanation of the difference. A payment on an initial or supplemental claim made after the 60 days, or after any extra time an emergency order allows, bears interest at the rate in s. 55.03, counted from the date the insurer received notice of the claim. To read the estimate and payment that arrive, see how to accept or dispute a settlement offer.

The insurer’s main deadlines under Fla. Stat. ss. 627.70131 and 627.7142

When the clocks pause or stretch

The deadlines are firm, but they are not absolute. The statute names “factors beyond the control of the insurer,” and it lists times when the clocks are tolled, which means paused.

• An emergency order. After a state of emergency declared by the Governor, a reportable data breach or an information technology problem, the Office of Insurance Regulation can issue an order giving insurers more time in named areas. It may not extend the pay-or-deny period by more than 30 additional days.
• Fraud or lack of cooperation. Actions by the policyholder or a representative that amount to fraud, lack of cooperation or intentional misrepresentation, when they reasonably keep the insurer from meeting a deadline.
• Mediation or appraisal. The clocks are tolled while a state mediation under s. 627.7015, or a dispute process in the policy, is going on.
• Missing information. If you or your representative do not provide material claim information within 10 days after the insurer’s request, the clocks pause until the insurer receives it. This applies only to requests sent at least 15 days before the pay-or-deny date.

If a deadline passes

Start with the insurer. Write to the adjuster, give your claim number, name the step that is late and the date it was due, and ask when it will happen. The insurer must keep dated records of claim communications, inspections, estimates and its payment or denial, so your written note becomes part of that file.

If that does not move things, the Florida Department of Financial Services runs a free consumer helpline at 1-877-MY-FL-CFO (1-877-693-5236), weekdays 8 a.m. to 5 p.m. Eastern, and takes requests for help online through its Get Insurance Help page. DFS says it sends your concern to the company, the company has 14 days to respond, and it aims to resolve issues within 30 days. DFS also says it cannot give legal advice or make a company pay a claim when no law, rule or policy term was broken. Adjusterman is not affiliated with DFS.

Missing the 60-day pay-or-deny deadline is a violation of the Insurance Code, but the statute says it is not the sole basis for a private lawsuit. If you are thinking about a lawsuit, that is where a Florida attorney’s role starts.

Your own deadlines, in one paragraph

Under s. 627.70132, a new or reopened claim is barred unless you give notice within 1 year after the date of loss, and a supplemental claim within 18 months. For a hurricane, the date of loss is the date it made landfall. Your policy adds its own deadlines, such as a sworn proof of loss within 60 days after the insurer asks for it under the standard homeowners form. For storm dates and examples, see Florida storm claim deadlines after hurricane season and proof of loss deadlines.

Where a public adjuster fits

A licensed public adjuster works for you, not the insurer. Most public adjusters track these dates, answer information requests on time, and document the loss so the insurer’s inspection and estimate have a complete scope to work from. A public adjuster cannot give legal advice and cannot speed up a deadline the law sets.

If your claim seems stalled and you have covered damage, or are not sure whether you do, a review can show where it stands. Adjusterman offers a free claim review for Florida property owners on homeowners claims and other property losses. You can also send us your claim details.