Hurricane Insurance Claims in Florida: Deadlines and Disputes

After a hurricane in Florida you have 1 year from landfall to notify your insurer of a new claim and 18 months for a supplemental claim; the insurer must acknowledge your claim within 7 days and pay or deny it within 60 days. If you disagree, you can ask the state's mediation program, paid for by the insurer, and before any lawsuit you must give 10 business days' written notice through the Department of Financial Services. The deadline to sue for breach of the policy is 5 years from the date of loss. Since 2023 the rules have changed in ways most claim guides do not mention: insurers no longer automatically pay your lawyer if you win, and new policies cannot be assigned to a contractor.

This guide is general information, not legal advice. Policies differ; read yours, and speak to a Florida lawyer or a licensed public adjuster about a disputed claim.

The short version

• Report fast: new or reopened claims within 1 year of landfall, supplemental claims within 18 months (s. 627.70132).
• The insurer's clock: acknowledge in 7 days, inspect within 30 days of your proof of loss, pay or deny in 60 days (s. 627.70131).
• Hurricane deductibles are a percentage of your dwelling limit, usually 2%, 5% or 10%, and apply once per calendar year with the same insurer (s. 627.701).
• Free mediation: the insurer pays for a mediation conference run through the Department of Financial Services (s. 627.7015).
• No automatic attorney fees since chapter 2023-15 repealed section 627.428; plan for your own legal costs.
• Flood is separate: standard homeowners policies exclude flood; storm surge damage is paid only by flood insurance.

Every deadline after a Florida hurricane

The table puts the deadlines for you and for your insurer in order, from the day the storm makes landfall.

More Florida deadlines are in our statutes of limitations table.

How do I file a hurricane claim?

Notify your insurer as soon as it is safe, document the damage before you repair, and make only the repairs needed to prevent further damage.

1. Notify the insurer by phone, app or online, and write down the claim number and the date.
2. Photograph and film everything before any cleanup: roof, ceilings, walls, floors, contents and the outside of the house.
3. Prevent further damage: tarp the roof and remove standing water; most policies require it. Keep every receipt.
4. Keep damaged items until the adjuster has seen them, or photograph them carefully before disposal.
5. Send a proof of loss if the insurer asks for one; the investigation deadlines run from it.
6. Note the adjuster's name and license number, which the insurer must give you in writing (s. 627.70131(3)(b)).

How does the hurricane deductible work?

A hurricane deductible is usually a percentage of the dwelling limit, not a fixed amount, and it applies once to all hurricane losses in a calendar year under policies from the same insurer. Insurers must offer hurricane deductibles of $500, 2%, 5% and 10% of the dwelling limit (s. 627.701(3)).

Example: a home insured for $400,000 with a 2% hurricane deductible has an $8,000 deductible. If a second hurricane damages it later the same year, the insurer applies only what is left of the hurricane deductible, or your regular deductible if that is higher, instead of a new $8,000 (s. 627.701(5)). Report hurricane damage even when it is below the deductible: it counts toward the year's deductible.

Will the insurer pay replacement cost or actual cash value?

With replacement cost coverage on your home, the insurer must first pay at least the actual cash value (the depreciated value) of the loss, minus the deductible, and then pay the rest as repairs are done and paid for. For a total loss of the dwelling, it must pay replacement cost without holding back depreciation (s. 627.7011(3)). Read your policy's declarations page to see whether your contents are covered at replacement cost or actual cash value.

What if the insurer underpays or denies my claim?

Ask for the written explanation the law requires, request the adjuster's estimate, and consider the state's free mediation program before appraisal or a lawsuit.

• Written reasons: a payment, denial or partial denial must come with a reasonable written explanation, including any difference from the insurer's own estimate (s. 627.70131(7)).
• Mediation: once the insurer has paid or denied, you can request a mediation conference through the Department of Financial Services. The insurer bears its cost; you pay only to reschedule if you miss it. Disputes under $500 are not eligible unless both sides agree (s. 627.7015).
• Appraisal: many policies let either side demand appraisal of the amount of loss by independent appraisers; read the clause in your policy.
• Lawsuit: file the notice of intent with the Department of Financial Services at least 10 business days before suing. The notice must include a settlement demand, and the insurer must answer within 10 business days: after a denial, by accepting coverage, maintaining the denial or reinspecting; in other disputes, by a settlement offer or a demand for appraisal or other dispute resolution (s. 627.70152(4)).

Who pays my lawyer if I sue my insurer?

Usually you do, from the recovery. Florida repealed section 627.428, which had required insurers to pay the policyholder's attorney fees after a win, in chapter 2023-15, Laws of Florida. Many property insurance lawyers therefore work on a contingency fee. Ask how the fee is calculated and whether costs such as experts and engineers are taken out before or after the fee; see how contingency fees work in Florida for the questions to ask.

Can a contractor take over my claim?

Not under a policy issued on or after January 1, 2023: assignments of post-loss benefits under residential and commercial property policies are void (s. 627.7152(13)). A contractor can still be paid by you or jointly with the insurer, but cannot take over and sue on your claim. Be cautious of anyone who knocks on your door after a storm offering to "handle the insurance".

Is wind damage the same as flood damage?

No. Homeowners and condo policies cover wind and wind-driven rain but exclude flood, including storm surge; flood damage is paid only by flood insurance, such as a National Flood Insurance Program policy. When both wind and water damaged a home, the two insurers each pay for their part, so separate the damage carefully in photos and estimates.

Checklist for a hurricane claim

1. Write down the landfall date: your 1-year and 18-month deadlines run from it.
2. Find your policy, the declarations page, your hurricane deductible and any flood policy.
3. Photograph and film all damage before repairs, with dates.
4. Keep receipts for tarps, water removal, hotels and meals (additional living expenses may be covered).
5. Get the claim number and the adjuster's name and license number in writing.
6. Diary every call: date, name, what was said.
7. If the decision has not arrived after 60 days, ask the insurer in writing why.

Frequently asked questions

How long do I have to file a hurricane claim in Florida?

One year from the date of loss for a new or reopened claim, and 18 months for a supplemental claim. For a hurricane, the date of loss is the day it made landfall.

How long does the insurer have to pay?

60 days after it receives notice of the claim, unless factors beyond its control prevent it; it must give written reasons for a denial or partial denial.

Is the Department of Financial Services mediation free?

For the policyholder, yes: the insurer pays the cost of the mediation conference. You pay only if you miss a conference and need it rescheduled.

Do I need a public adjuster?

No. A licensed public adjuster can document and negotiate the claim for a fee taken from your recovery; Florida caps that fee, with a lower cap for claims after a declared emergency. Compare the fee with what a lawyer would charge if the claim is likely to be disputed.

Can my insurer cancel my policy after a claim?

Insurers can non-renew policies under rules set by the Florida Insurance Code, with advance notice. Ask your agent before the renewal date if you are concerned.

Does my policy cover the hotel while my home is repaired?

If your policy includes additional living expense or loss of use coverage, it pays reasonable extra costs while the home is uninhabitable; keep every receipt.

Sources

• Florida Statutes, section 627.70132 (notice of property insurance claims)
• Florida Statutes, section 627.70131 (insurer's duty to acknowledge, investigate and pay)
• Florida Statutes, section 627.70152 (pre-suit notice for property insurance suits)
• Florida Statutes, section 627.7015 (mediation of property insurance claims)
• Florida Statutes, section 627.701 (hurricane deductibles)
• Florida Statutes, section 627.7011 (replacement cost coverage)
• Florida Statutes, section 627.7152 (assignment of post-loss benefits)
• Florida Statutes, section 95.11 (limitations of actions)
• Chapter 2023-15, Laws of Florida (repeal of section 627.428)