Your Rights After a Property Loss in Florida
Updated: Oct 11
A serious loss to your home can leave you feeling powerless. You are dealing with damage, disruption, and an insurance company that controls the money. But Florida law gives homeowners real rights during the claims process.
In this article
Knowing those rights helps you spot problems early and respond with confidence. Here is an overview of what you are entitled to.
The Homeowner Claims Bill of Rights
Florida requires an insurer that issues a homeowners policy to give you a written Homeowner Claims Bill of Rights within 14 days after it first hears from you about a claim (section 627.7142, Florida Statutes). The Bill of Rights summarizes key parts of the claims process in plain terms. It notes that its timelines have exceptions when conditions are beyond the insurer's control, and it does not by itself give you a right to sue.
If you did not receive it, ask for it in writing. Keep it with your claim file. Its main points are explained below.
The right to have your claim acknowledged
Florida law requires your insurer to acknowledge your claim within 7 calendar days after receiving it, unless it pays the claim within that time. Unless the acknowledgment tells you the claim appears not to be covered, it must include the necessary claim forms and instructions, with a phone number (section 627.70131(1)(a) and (2), Florida Statutes). Report your claim in writing when you can, and ask for written confirmation.
If you do not hear back, follow up. Keep a log of every call, letter, and email.
The right to status updates
You may ask your insurer, in writing, for an update on your claim. Under the Bill of Rights, once you have submitted a complete proof-of-loss statement, a written request entitles you to receive within 30 days either confirmation that your claim is covered in full, partly covered, or denied, or a written statement that it is still being investigated (section 627.7142).
After you submit proof-of-loss statements, the insurer generally must begin its investigation within 7 days, and if it inspects the property in person, it must do so within 30 days. The adjuster must give you his or her name and state adjuster license number, and the insurer must send you a copy of any detailed estimate its adjuster prepares within 7 days after it is generated (section 627.70131(3)).
The right to a timely decision
Florida law requires your insurer to pay or deny your claim, or a portion of it, within 60 days after receiving notice of an initial, reopened, or supplemental claim. It must explain in writing the basis in the policy for its decision, and if it pays less than its own adjuster's detailed estimate, it must explain the difference in writing. A payment made after the 60 days generally bears interest from the date the insurer received notice of the claim (section 627.70131(7)(a)). The deadline is paused during state mediation or other dispute resolution under the policy, and if you do not provide requested claim information within 10 days (section 627.70131(8)). The goal is to keep homeowners from waiting indefinitely while damage gets worse.
If part of the claim is not in dispute, ask whether that amount can be paid while the rest is reviewed. Delays do happen after major storms. Even so, delay does not excuse the insurer from its legal duties.
The right to free mediation
Under the Bill of Rights, you have the right to free mediation of a disputed claim through the Florida Department of Financial Services, Division of Consumer Services, under most circumstances and subject to certain restrictions (section 627.7142). The department also runs a toll-free consumer helpline for questions about how a claim is being handled.
Mediation is non-binding. Neither side must accept a settlement. Still, it can be a useful way to resolve a dispute without a lawsuit.
The right to neutral evaluation for sinkhole claims
If your claim is for sinkhole damage covered by your policy, the Bill of Rights says you have the right to neutral evaluation of the dispute (section 627.7142). This process brings in a neutral professional to evaluate the dispute. Neutral evaluation can affect your other options, so talk with a lawyer before requesting it.
The right to see your policy
Your policy defines your coverage. If you do not have a complete copy, including all endorsements, ask your insurer for one in writing. Read the exclusions, deductibles, and conditions closely.
The right to get your own help
You do not have to handle a claim alone. You may hire a licensed public adjuster to help prepare and present the claim. You may also hire an attorney to advise you or to pursue a dispute.
You may also get your own estimate from a licensed contractor. An independent estimate can reveal damage the insurer's adjuster missed.
The right to challenge the insurer's decision
A denial or low offer is not always the last word. Depending on your policy, you may have several options:
Ask for a written explanation. Request the specific policy language and reasons behind the decision.
Submit more evidence. Provide photos, contractor estimates, or engineering reports.
Request appraisal, if your policy has it. Appraisal can resolve disputes over the amount of loss.
Pursue a lawsuit. For policies issued on or after July 1, 2021, Florida requires a written notice of intent to sue, filed through the Department of Financial Services at least 10 business days before suit (section 627.70152, Florida Statutes).
Recent reforms changed the rules on attorney's fees in homeowner insurance disputes. Florida's general rule requires an insurer that loses a lawsuit brought by its insured to pay the insured's reasonable attorney's fees, but there is no right to fees under that rule in a suit under a residential or commercial property insurance policy (section 627.428(1) and (4), Florida Statutes). That makes early, careful evaluation of a claim more important than ever.
Your duties protect your rights
Rights come with duties. Most policies require prompt notice, reasonable steps to prevent more damage, and cooperation with the insurer's investigation.
Florida also sets outside deadlines for reporting claims. Generally, notice of a new or reopened claim must be given within one year of the date of loss. A supplemental claim generally must be made within 18 months (section 627.70132, Florida Statutes).
Document everything before cleanup. Attend the adjuster's inspection. Keep copies of all communications and receipts.
Common problems after a major loss
After a hurricane or other widespread disaster, certain problems come up again and again. Insurers may deny claims as pre-existing damage or wear and tear. They may make offers that do not reflect real repair costs. Claims may stall for weeks.
Wind and flood damage are a frequent source of conflict. A standard homeowners policy may cover wind but generally excludes flood. When both occur, the insurer may attribute damage to the excluded cause.
Kimberly Innocent spent years defending insurance companies before representing policyholders, so she knows how these disputes are evaluated from the other side. You have more rights than you may realize, but deadlines and policy terms can limit them. If your insurer has delayed, underpaid, or denied your claim, request a free claim review or call (954) 903-1737.
About the author. Kimberly Innocent is a Florida attorney who represents homeowners in first-party property insurance disputes, including hurricane, wind, and water damage claims. She has practiced law since 2015 and has focused her practice on insurance litigation for over a decade.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Every policy and claim is different; consult a lawyer about your specific situation.
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