Frequently Asked Questions

Florida law generally requires you to notify your insurance company of a new or reopened property insurance claim within one year after the date of loss. A supplemental claim for additional loss or damage from the same peril generally must be reported within 18 months after the date of loss. See Fla. Stat. § 627.70132.

Special rules may apply in certain situations, including condominium loss-assessment claims and claims involving servicemembers deployed to a combat zone or combat-support posting. For hurricanes and certain other weather events, Florida law also has specific rules for determining the date of loss.

Your insurance policy may impose additional notice requirements, so you should report property damage to your insurer as soon as reasonably possible. Waiting to report a loss can create problems with your claim even if the statutory deadline has not yet expired.

Florida law generally requires an insurance company to pay or deny an initial, reopened, or supplemental property insurance claim, or a portion of the claim, within 60 days after receiving notice of the claim. The insurer must also provide a reasonable written explanation of the basis for its payment, denial, or partial denial. See Fla. Stat. § 627.70131.

Insurance companies generally must also acknowledge claim-related communications within 7 calendar days, subject to certain exceptions.

The 60-day deadline may be extended or tolled in circumstances permitted by Florida law, so a delay beyond 60 days does not necessarily mean that an insurer has violated the statute. An insurer’s failure to meet the 60-day deadline does not, by itself, establish a private cause of action against the insurer. If your claim has been pending for more than 60 days without a coverage decision or payment, consider asking your insurer in writing to explain the status of your claim.

A denial does not necessarily mean your claim is over. Insurers deny claims because they believe the damage is excluded, came from wear and tear, happened before the policy period, was reported too late, or was caused by something other than a covered event. An attorney can review the denial letter, your policy, inspection reports, estimates, photographs, and other evidence to decide whether the insurer’s decision can be challenged. Contact us or call 727.896.7777 for a free consultation.

A payment is not final just because a check was issued. Underpayments often come from a low estimate, damage the adjuster missed, depreciation withheld from the payment, or a disagreement over what caused the damage. Gather your policy, the insurer’s estimate, contractor estimates, photographs, and your emails and letters with the insurer. If you find more damage later, it may be a supplemental claim, which has its own deadline (see the filing deadlines in our FAQs). An attorney can compare the insurer’s estimate with the real cost of repair.

Replacement cost is what it costs to repair or replace damaged property with similar materials, without a deduction for age. Actual cash value (ACV) is replacement cost minus depreciation. Under a replacement-cost policy, Florida law generally requires the insurer to pay at least the ACV first, less your deductible, and to pay the rest as repairs are made and expenses are incurred (Fla. Stat. § 627.7011(3)(a)). The first payment is not necessarily the final payment. Read our article, Can an Insurer Pay Only Actual Cash Value for an Older Roof?

If your property is insured on a replacement-cost basis, your insurance company may initially pay the actual cash value of the covered damage rather than the full replacement cost. Actual cash value generally reflects depreciation from the replacement cost of the damaged property.

For a dwelling insured on a replacement-cost basis, Florida law generally requires the insurer to initially pay at least the actual cash value of the covered loss, less any applicable deductible. The insurer must then pay remaining amounts necessary to perform covered repairs as the work is performed and expenses are incurred, subject to the policy’s terms and limits. See Fla. Stat. § 627.7011.

Keep your repair contracts, invoices, receipts, photographs, and other documentation and provide the required documentation to your insurer. If you believe your insurer has applied excessive depreciation or has failed to release replacement-cost benefits that are owed, consider having the claim reviewed.

Often, yes. Homeowners policies commonly cover sudden damage from covered events such as windstorm and hail. They generally do not cover wear and tear, deterioration, or lack of maintenance, and that is where many roof claims are disputed. An older roof that was not leaking before the loss is not excluded just because of its age. What your policy pays also depends on its roof deductible and any roof-specific endorsement. See our roof and hail damage page.

Consider talking to an attorney early, especially if your claim was denied, your insurer’s estimate is far below your contractor’s, the claim is moving slowly, you were asked for a proof of loss, recorded statement or examination under oath, or the loss is large. Deadlines apply to property claims, so the sooner someone reviews your situation, the more options you may have. Contact us or call 727.896.7777 for a free consultation.

We handle property insurance claims on a contingency fee basis. This means you do not pay attorney’s fees upfront. We advance the costs of pursuing your claim, and we are paid only if we obtain a recovery for you.

If we recover money on your behalf, our attorney’s fee is a percentage of the recovery, and our fee and case costs are paid from the recovery in accordance with the written contingency fee agreement. If we do not obtain a recovery for you, you owe us nothing.

We do not charge a fee or deduct costs from insurance payments you received before hiring our firm.

Your initial consultation is free. Before you decide to hire us, we will explain the contingency fee agreement, including how attorney’s fees and costs are calculated. Contact us or call 727.896.7777 for a free consultation.

First, make sure everyone is safe. Then take reasonable steps, when it is safe to do so, to protect the property from further damage, such as covering a damaged roof or stopping the source of a water leak. Photograph and video the damage before cleaning up or moving damaged property when possible, keep receipts for emergency repairs and related expenses, and report the loss to your insurance company promptly.

Review your policy for its notice, mitigation, and cooperation requirements, and do not sign documents you do not understand.

Make reasonable temporary repairs needed to protect the property from further damage, such as tarping a damaged roof, extracting water, or boarding up openings. Photograph and video the damage before making repairs when possible, and keep receipts and records of the work performed.

Avoid permanent repairs or disposing of damaged materials before your insurer has had a reasonable opportunity to inspect them, unless safety or other circumstances require immediate action. If you are unsure what your policy requires, review the policy or seek advice before proceeding.

Keep your policy and all endorsements, photographs and video of the damage, the date and cause of the loss, repair estimates and invoices, receipts for emergency repairs and temporary housing, an inventory of damaged belongings, and every letter, email, and note of a phone call with your insurer or its adjuster.

Generally, yes. You may choose the contractor or roofer you want to repair your property, although your insurance policy may contain conditions affecting repairs and payment.

Read contracts and other paperwork carefully before signing. Florida law restricts the assignment of post-loss insurance benefits under residential and commercial property insurance policies issued on or after January 1, 2023. Be particularly careful with documents that purport to transfer your insurance benefits or claim rights to a contractor or other service provider.

Get written estimates and keep copies of all contracts and invoices. If your insurer’s estimate differs from your contractor’s estimate, keep both.

A proof of loss is a sworn statement describing the loss and the amount you are claiming. Many policies require one within a set time after the insurer asks for it. An inaccurate or incomplete statement can hurt your claim, so have it reviewed before you sign.

Many insurance policies require policyholders to cooperate with the insurer’s investigation, which may include answering questions about the loss. Whether you are required to provide a recorded statement depends on your policy and the circumstances of the claim.

Before giving a recorded statement, review what your policy requires and consider speaking with an attorney if you have questions about the request. What you say may be considered by the insurer when evaluating your claim.

Most policies require reasonable access so the insurer can inspect the damage, and refusing can put your claim at risk. You can ask for a reasonable time, ask to be present, and take notes and photographs during the inspection.

An examination under oath is formal, sworn, recorded questioning, usually by an attorney for the insurer. Many policies make it a condition of coverage, and the insurer may ask for documents. Failing to comply can lead to a denial, so prepare carefully and consider having an attorney with you.

Most Florida homeowners policies cover wind damage from a hurricane or tropical storm, subject to a hurricane deductible. Storm surge and flood are treated differently (see the next question). Wind can also tear open a roof or wall and let rain in, which can cause serious interior damage. See our hurricane and storm damage page.

Standard homeowners insurance generally does not cover flood damage, including storm surge, even when the flooding is caused by a hurricane. Flood coverage is typically provided through separate flood insurance.

Damage caused by wind or rain entering through a storm-created opening is a different coverage question and depends on the cause of the damage and the language of your policy. Review your policy before assuming that hurricane-related water damage is excluded.

Under Fla. Stat. § 627.701(3), insurers generally must offer personal-lines residential policyholders hurricane deductibles of $500, 2%, 5%, and 10% of the dwelling limit, and which options must be offered depends on your dwelling limit. Read our article, Hurricane Deductibles.

Not necessarily. For personal-lines residential policies, the hurricane deductible applies on an annual basis to covered hurricane losses during the calendar year, not once per storm. If an earlier hurricane loss already used part of the deductible, a later claim may be subject to the remaining hurricane deductible or the non-hurricane deductible, whichever is greater. Commercial residential policies are treated differently (Fla. Stat. § 627.701(5)).

Often it covers the water damage but not the cause. For example, a leaking dishwasher usually is not covered, but the damage it did to your flooring may be. A burst slab pipe usually is not covered, but the water damage it caused, and often the cost of accessing the pipe, may be. Insurers sometimes deny the whole claim without separating the uncovered cause from the covered result. See our water damage page.

It depends on your policy and the cause of the mold. Many homeowners policies limit or exclude coverage for mold, while some provide limited coverage in certain circumstances.

If you discover water damage, act promptly to protect the property from further damage, document the conditions, and report the loss to your insurer. Delays in addressing water intrusion can allow mold to spread and may complicate your insurance claim.

It depends on the cause. Sudden storm damage that lets water in is commonly covered, while a leak that results from wear and tear or long-term neglect may not be. Insurers often argue that the storm did not create an actual opening in the roof. A roof inspection can help show what caused the leak.

Homeowners insurance generally covers damage caused by fire, subject to the terms, exclusions, deductibles, and limits of the policy. Smoke and soot can also cause damage well beyond the area directly affected by the fire.

Disputes may arise over the extent and cost of repairs, smoke and odor remediation, damaged contents, and structural damage.

If a covered peril causes a total loss of an insured building or structure, Florida’s Valued Policy Law may affect the amount the insurer is required to pay. See Fla. Stat. § 627.702. The application of the law depends on the cause of the loss and the circumstances of the claim.

See our Fire and Smoke Damage page for more information.

Florida property insurers are required to provide coverage for catastrophic ground cover collapse. This coverage is different from broader sinkhole-loss coverage, which insurers must make available for an additional premium.

Whether damage is covered depends on the coverage you purchased, your policy language, and the cause and extent of the damage. Florida law contains specific definitions and requirements for both sinkhole loss and catastrophic ground cover collapse. See Fla. Stat. § 627.706.

See our Sinkhole Damage page for more information.

They are separate coverages, each with its own statutory definition, and the difference can affect what your policy covers. Read our article, Sinkhole Coverage vs. Catastrophic Ground Cover Collapse.

Ordinance or law coverage helps pay for upgrades that building codes require when you repair or rebuild after a covered loss. Under Fla. Stat. § 627.7011(1) and (2), insurers must offer options of 25% or 50%, and 25% applies automatically unless you refuse it in writing on an Office-approved form. It is not flood insurance and does not guarantee every modernization cost. Read our article, Building-Code Upgrades After a Major Loss.

Association claims often involve master-policy questions, splitting a claim between the association and unit owners, board approval delays, disputes over pre-loss condition, and engineering and causation issues. See our condominium and association page.

Appraisal is a process in many policies for resolving disagreements about the amount of a loss. Typically each side chooses an appraiser, and an umpire decides if they cannot agree. Appraisal generally determines the amount of a covered loss; coverage disputes may present separate legal issues. Ask a lawyer before you invoke it or agree to it.

Florida law provides a nonbinding mediation program for certain disputed residential property insurance claims. Mediation is intended to give the policyholder and insurer an opportunity to resolve a claim dispute without litigation. See Fla. Stat. § 627.7015.

Not every insurance dispute is eligible for the program. During a mediation proceeding under § 627.7015, certain insurer claim-handling deadlines under Fla. Stat. § 627.70131 are tolled until the mediation ends.

Whether mediation is available or appropriate depends on the circumstances of your claim.

It depends on your policy and the type of claim. Florida law changed significantly in 2022 and generally eliminated the statutory right to recover attorney’s fees from an insurance company in lawsuits arising under residential and commercial property insurance policies. However, the law in effect when your insurance policy was issued may affect whether attorney’s fees are recoverable.

Different rules may also apply to a separate bad-faith action against an insurance company.

We handle property insurance claims on a contingency fee basis and advance the costs of pursuing the claim. An initial consultation costs you nothing. We can review your policy, the date it was issued, and the circumstances of your claim to explain how Florida’s attorney-fee laws apply to your particular situation.

A policyholder may be able to file a lawsuit to enforce the policy, but Florida law has specific deadlines and requirements that must be met before and after a lawsuit, and the rules have changed significantly in recent years. Speak with an attorney before the deadlines pass.

Bad faith is more than a denied or delayed claim. It is conduct in handling your claim that falls short of what the law requires, such as failing to investigate fairly, unreasonably delaying payment, or denying a claim without a reasonable basis. Fla. Stat. § 624.155 gives policyholders the right to pursue a bad faith claim in certain circumstances, and the process includes a mandatory notice period before a lawsuit can be filed. See our bad faith page.

Yes. An attorney can review your policy, explain the deadlines, help you document the loss, and communicate with your insurer while the claim is still open. Early help is often most useful when the claim is delayed, the estimate looks low, or the insurer requests a proof of loss, recorded statement, or examination under oath.

We represent Florida policyholders in disputes with their insurance companies, including fire and smoke damage, water damage, hurricane and storm damage, roof and hail damage, sinkhole damage, auto and liability claims, bad faith claims, and condominium and community association claims. See our practice area pages.

We represent Florida homeowners, business owners, and condominium and community associations. In some situations we also represent individual unit owners, for example when a leak from a neighboring unit leads to a dispute with the owner’s own insurer. See our condominium and association page.

Yes. Haahr Law Group offers a free consultation to discuss your claim. Call 727.896.7777 or use our contact page.

No. Viewing this website, contacting Haahr Law Group, or submitting information through this website does not create an attorney-client relationship. A relationship is established only after the firm has agreed to represent you and a written agreement has been executed. Please do not send confidential information until you have spoken with us. See our Legal Disclaimer.

No. Every claim depends on the policy language, the cause and extent of the damage, and the facts of your situation. Prior results do not guarantee a similar outcome.

In mediation, a neutral third party helps the parties reach a voluntary agreement, and no one imposes a decision. In arbitration, a neutral arbitrator hears both sides and issues a decision, which may be binding or non-binding depending on the parties’ agreement. Hans Peter Haahr is a Florida Supreme Court Certified Mediator and also serves as a neutral arbitrator. See our Mediation & Arbitration page.