One of the strongest protections Florida homeowners have in the claims process is a set of statutory deadlines that bind insurance carriers. Under Florida Statute § 627.70131, your carrier is not free to sit on your claim indefinitely. There are hard deadlines, and missing them can have financial consequences for the insurer.
Here's what you need to know — and how to track these timelines for your own claim.
The Three Key Deadlines
1. Acknowledgment — 14 Days
After you file a claim (officially: "first notice of loss"), your carrier has 14 calendar days to acknowledge receipt of the claim and begin any investigation.
This acknowledgment doesn't mean they're paying you — it means they've received the claim, assigned it, and opened a file. If you haven't heard anything within 14 days of submitting your claim, follow up in writing and keep records of that communication.
2. Investigation and Communication — 30 Days (Ongoing)
The carrier must notify you at least every 30 days of the claim's status while it remains open. This includes updates on investigation status, requests for additional documentation, and reasons for any delay.
In practice, this often manifests as a form letter saying the investigation is "ongoing." But if you're not receiving any communication for stretches beyond 30 days, the carrier may be in technical violation.
3. Pay or Deny — 90 Days
This is the big one. Within 90 days of receiving notice of a claim, the carrier must either:
- Pay the undisputed amount, or
- Deny the claim with a written explanation, or
- Issue a partial payment with an explanation of what is disputed
The 90-day clock runs from when the carrier has received everything they need to make a decision — meaning the insurer can toll the clock by requesting additional documentation. However, requests for documentation must be reasonable and timely; they cannot be used as a delay tactic indefinitely.
Note on recent amendments: Florida's property insurance reform legislation (including SB 2-D in 2022 and subsequent changes) has modified some of these timelines. The statute has been amended several times. As of the most recent version available, the framework above remains the operative structure, but the specific day counts may have been adjusted. Always verify against the current enrolled bill or consult a licensed professional for the most current language.
When Does the Clock Start?
The 90-day clock typically starts on the date the carrier receives your proof of loss or the equivalent documentation they need to evaluate the claim. This is important because:
- If you file a claim verbally or via an app and don't submit a written proof of loss, the carrier may argue the clock hasn't started.
- Some carriers send a "Reservation of Rights" letter that acknowledges the claim while preserving their right to deny. This does not stop the 90-day clock from running.
- Supplements — additional damages discovered after the initial claim — restart a new 90-day window for the supplemental amount, not the original claim.
What Happens If the Carrier Misses the Deadline?
If a carrier fails to pay, deny, or communicate within the statutory timeframes, they may be subject to:
Interest on Late Payments
§ 627.70131 provides for interest on unpaid claims that are not timely paid. The statutory rate has varied; check the current statute for the applicable rate. This interest accrues from the date payment should have been made.
Bad Faith Exposure (Post-HB 837)
If the carrier's conduct goes beyond simple delay into a pattern of bad faith claim handling — unreasonably denying valid claims, failing to investigate, or stringing along a policyholder — the insurer may face exposure under Florida's bad faith statute.
Important caveat: Florida's HB 837 (2023) significantly restructured bad faith litigation in the state. It changed the standard for bad faith claims and the procedures for filing a Civil Remedy Notice (CRN) before litigation can proceed. If you believe your carrier is acting in bad faith, you should consult a licensed attorney before filing a CRN — the procedural requirements are specific and getting them wrong can forfeit rights.
How to Protect Yourself
Document Everything in Writing
Send all claim communications by email when possible. When you call, follow up with an email confirming what was discussed ("Per our call today, I understand that [X]..."). This creates a timestamped paper trail.
Track the Dates
Log the date of every communication:
- Date of loss
- Date you first notified the carrier (first notice of loss)
- Date the carrier acknowledged receipt
- Date you submitted your proof of loss or required documentation
- Date of each carrier communication
- Date of each inspection or reinspection
These dates matter. If you ever need to pursue a bad faith claim or dispute a denial, this record is your evidence.
Understand What "Received" Means
If you mail documents, use certified mail with return receipt. If you email, request a read receipt or follow up to confirm receipt. The carrier's clock starts when they receive it — not when you send it.
Follow Up on Delays
If you haven't heard from the adjuster in two weeks, call and send an email documenting that you called. If 30 days pass without a status update, send a formal written inquiry. Keep escalating up the carrier's chain if needed.
Know Your Rights Document
Under Fla. Stat. § 627.7142, carriers are required to provide you with a Homeowner Claims Bill of Rights within 14 days of you opening a claim. This document summarizes your rights under Florida law. If you never received one, request it.
The Role of a Public Adjuster
If your claim is complex, denied, or stalled, a licensed Florida public adjuster (PA) can represent your interests during the claims process. Under Fla. Stat. § 626.854, PAs are licensed professionals who work exclusively for policyholders — not carriers.
A PA can:
- Conduct their own damage assessment
- Negotiate directly with the carrier's adjuster
- Prepare and submit documentation on your behalf
- Help escalate stalled claims
PAs typically work on a contingency fee (a percentage of the claim settlement), which is regulated by Florida statute. Their fee cannot exceed 20% on a non-reopened claim (10% during a declared state of emergency).
Pocket Adjuster tracks your claim's key dates and sends reminders before deadlines approach. Start a free claim and let the app help you stay on top of the carrier's statutory obligations.