What Is The 90-Day Rule for Florida Property Insurance Claims?

The “90-day rule” refers to a former Florida property insurance claim-handling deadline that generally required insurers to pay or deny certain claims within 90 days after receiving notice of the claim.

Florida law has since changed under the current version of Florida Statute § 627.70131; an insurer generally must pay or deny an initial, reopened, or supplemental covered property insurance claim, or a portion of the claim, within 60 days after receiving notice of the claim. The statute permits additional time only when a legally recognized exception or tolling provision applies.

Although many homeowners, contractors, public adjusters, and insurance professionals still refer to the “90-day rule,” the current statutory deadline is generally 60 days for claims governed by the present law.

What Was the 90-Day Rule for Florida Property Insurance Claims?

The former 90-day rule required a residential property insurer to pay or deny an initial, reopened, or supplemental claim, or part of the claim, within 90 days after receiving notice.

The rule was intended to prevent property insurance claims from remaining unresolved indefinitely. Late insurance payments could also accrue statutory interest from the date the insurer received notice of the claim.

Because the 90-day requirement remained in effect for years, the phrase is still commonly used when discussing Florida property insurance claim deadlines. However, policyholders should not rely on older articles, insurance resources, or claim guidance without confirming which version of Florida law applies.

Is the Florida Property Insurance Deadline Still 90 Days?

No. For claims governed by the current version of Florida Statute § 627.70131, the deadline is generally 60 days rather than 90 days.

Within 60 days after receiving notice of an initial, reopened, or supplemental property insurance claim, the insurer must generally:

• Pay the claim
• Deny the claim
• Pay or deny part of the claim; and
• Provide a reasonable written explanation for its decision.

The written explanation must identify the basis for the payment, denial, or partial denial by connecting the insurer’s decision to the policy language, the facts of the loss, or applicable law.

If the insurer pays less than the amount identified in its own detailed estimate, it must also provide a reasonable written explanation of the difference.

Does the 60-Day Rule Apply Only to Homeowners’ Insurance Claims?

No. Although Florida Statute § 627.70131 primarily governs residential property insurers, the 60-day payment-or-denial requirement also applies to certain commercial property claims.

The deadline generally applies to:

• Claims under policies providing residential property coverage;
• Structural or contents claims under commercial property policies when the insured structure is 10,000 square feet or smaller; and
• Contents claims under commercial tenant policies when the insured premises are 10,000 square feet or smaller.

The 60-day requirement does not apply under this subsection to policies covering nonresidential commercial structures or contents in more than one state.

Because the type of policy, the size of the property, the date of loss, and the applicable policy period can affect which legal requirements apply, commercial policyholders should have their unresolved claims evaluated individually.

When Does the 60-Day Deadline Begin?

The 60-day deadline generally begins when the insurer receives notice of the property insurance claim.

The deadline usually does not begin on the date of the storm, fire, water loss, inspection, repair estimate, or denial letter. It begins when the insurer or its authorized representative receives notice of the claim.

Policyholders should preserve evidence showing when the claim was reported, including:

• Claim Numbers
• Confirmation Emails
• Letters
• Text messages or Call Logs
• Notes identifying the representative who received the claim.

Proof of the reporting date may become important if the insurer later disputes when the statutory period began.

What Must the Insurance Company Do Within 60 Days?

Within the applicable 60-day period, the insurer must generally pay or deny the claim in full or in part.

The insurer must also provide a reasonable written explanation identifying the policy, factual, or legal basis for its decision. A conclusory statement that damage is excluded because it is wear-and-tear, pre-existing, or below the deductible may not fully explain how the insurer reached its determination.

The 60-day rule does not necessarily require the insurer to pay every amount demanded by the policyholder. It does, however, require the insurer to complete its claim determination within the statutory period unless a recognized exception or tolling provision applies.

Must the Insurance Company Acknowledge the Claim Within Seven Days?

Florida Statute § 627.70131 generally requires an insurer to review and acknowledge a claim communication within 7 calendar days of receipt.

An acknowledgment is not required within that period when:

• The insurer makes payment within seven days; or
• The failure to acknowledge is due to factors legally recognized as beyond the insurer’s control.

The acknowledgment must be responsive to the communication. When the communication reports a new claim, the insurer generally must provide necessary claim forms, instructions, and an appropriate telephone number unless it reasonably advises the claimant that the loss does not appear to be covered.

The seven-day acknowledgment requirement generally does not apply to policyholders represented by counsel beyond communications necessary to provide required forms and instructions.

When Must the Insurance Company Begin Investigating the Claim?

Unless the policy or another law provides otherwise, the insurer generally must begin the reasonably necessary claim investigation within seven days after receiving proof-of-loss statements.

This investigation may include:

• Reviewing the insurance policy
• Inspecting the property
• Interviewing the policyholder;
• Requesting records or photographs;
• Evaluating repair estimates
• Retaining engineers or other experts
• Reviewing weather information
• Determining the cause and extent of the damage

An insurer’s obligation to begin investigating does not mean it must complete every aspect of the investigation within seven days. However, the insurer should not allow the claim to remain inactive without a legitimate reason.

How Long Does the Insurance Company Have to Inspect the Property?

When the insurer’s investigation involves a physical inspection, Florida law generally requires the inspection to occur within 30 days after the insurer receives the policyholder’s proof-of-loss statements.

The licensed adjuster assigned by the insurer must provide the policyholder with the adjuster’s name and Florida adjuster license number. Subsequent claim communications from an adjuster must also include that information.

Insurers may use electronic methods to assist with claim investigations, including photographs, videos, video conferences, drones, or other remote technology. However, using electronic inspection methods does not prevent the insurer from assigning a licensed adjuster to inspect the property when necessary.

Does the Insurer Have to Give the Policyholder Its Estimate?

Yes, when the insurer’s adjuster generates a detailed estimate of the loss amount, the insurer must send a copy to the policyholder within 7 days of the estimate’s generation.

The statute does not require the insurer to create a detailed estimate in every claim. An estimate is required only when the insurer determines that one is reasonably necessary as part of its investigation.

If the insurer ultimately pays less than the amount stated in its own detailed estimate, it must provide a reasonable written explanation of the difference.

Factors Beyond the Insurer’s Control

Florida Statute § 627.70131 defines factors beyond the insurer’s control to include certain events that cause the Florida Office of Insurance Regulation to issue an order finding that affected insurers are reasonably unable to meet the statutory deadlines.

Those events may include:

• A state of emergency declared by the Governor;
• A qualifying security breach; or
• An information technology issue.

When the Office of Insurance Regulation issues such an order, it may grant affected insurers additional time. However, the extension for paying or denying a claim may not exceed 30 additional days.

The statute also recognizes certain conduct by the policyholder or the policyholder’s representative, including fraud, lack of cooperation, or intentional misrepresentation, when that conduct reasonably prevents the insurer from complying with the statutory requirements.

When Can the 60-Day Deadline Be Paused?

Florida law allows the 60-day deadline to be paused, or “tolled,” in limited situations.

This may happen while:

• The claim is in mediation under Florida Statute § 627.7015;
• The parties are participating in another dispute resolution process required by the insurance policy; or
• The policyholder has not provided important claim information requested by the insurer within 10 days.

For the missing-information exception to apply, the insurer generally must send the request at least 15 days before its deadline to pay or deny the claim.

An insurer cannot extend the deadline simply by claiming that its investigation took longer than expected. The facts of the claim and the requirements of Florida law must support any pause or extension.

Does a Major Hurricane Automatically Extend the 60-Day Deadline?

No. A hurricane or declared emergency does not automatically give every insurance company unlimited additional time to resolve claims.

The Florida Office of Insurance Regulation must issue an applicable order finding that the event has made affected insurers reasonably unable to comply with the statutory requirements in specified locations. Any extension must comply with the limits stated in Florida Statute § 627.70131.

Even after a major hurricane, insurers remain responsible for acknowledging communications, investigating claims, documenting their files, and complying with applicable deadlines unless a valid statutory exception applies.

Does the Homeowner Claims Bill of Rights Include the 60-Day Deadline?

Yes. Florida Statute § 627.7142 requires insurers to provide residential policyholders with a Homeowner Claims Bill of Rights after a claim is reported.

The document advises policyholders that they generally have the right to:

• Receive acknowledgment of a reported claim within seven days;
• Receive a copy of a detailed insurer estimate within seven days after the estimate is generated;
• Receive full settlement payment, payment of the undisputed portion, or a denial within 60 days;
• Receive applicable statutory interest on late payments; and
• Request information about the status of the claim after submitting a complete proof-of-loss statement.

The Homeowner Claims Bill of Rights provides important consumer information, but it does not create a separate civil cause of action.

Does the 60-Day Rule Apply to Reopened and Supplemental Claims?

Yes. Florida Statute § 627.70131 expressly applies to initial, reopened, and supplemental claims.

• A reopened claim is one that was previously closed but later reopened for additional consideration.
• A supplemental claim generally seeks additional benefits for damage or costs not included in the insurer’s earlier adjustment or payment.

Supplemental claims frequently arise when:

• Additional Damage is Discovered
• Repair Costs Exceed the Insurer’s Estimate
• Hidden Damage Becomes Visible During Construction
• Building Code Requirements Increase the Cost of Repair
• The Insurer Omitted Covered Rooms or Components
• Additional Living Expenses
• The Policyholder Disputes Depreciation or the Scope of Repairs.

The insurer’s statutory obligations may therefore continue after its initial claim decision.

Is the 60-Day Claim-Handling Rule the Same as the Deadline to Report a Property Insurance Claim?

No. These are separate deadlines. The 60-day rule generally controls how long the insurer has to pay or deny a claim after receiving notice.

Florida Statute § 627.70132 establishes separate deadlines for providing notice of certain property insurance claims, reopened claims, and supplemental claims.

A policyholder should not interpret the insurer’s 60-day claim-handling deadline as permission to wait before reporting property damage. Insurance policies also commonly require prompt notice. Delayed reporting can make it more difficult to document the cause, timing, and extent of the damage.

What Should I Do If My Insurance Company Is Delaying My Claim?

Policyholders should carefully document the insurer’s handling of the claim.

Preserve copies of:

• The Insurance Policy and Endorsements
• Claim-Reporting Confirmations
• Emails and Letters
• Online Claim Portal Messages
• Photographs and Videos
• Estimates and Invoices
• Proof-of-Loss Statements
• Inspection Reports
• Payment Letters
• Denial Letters
• Notes from Telephone Conversations

Ask the insurer to explain in writing why the claim remains unresolved and whether it is relying on a statutory exception or tolling provision.

Repeated requests for the same information, unexplained inactivity, missed inspections, shifting coverage explanations, unsupported damage estimates, or failure to pay undisputed benefits may justify a legal review.

Can I Sue an Insurance Company Immediately After the 60-Day Deadline?

Not necessarily. Florida property insurance disputes may be subject to policy conditions and statutory pre-suit requirements.

Depending on the claim, the policyholder may need to provide a notice of intent to initiate litigation, participate in appraisal, attend mediation, submit to an examination under oath, or comply with other contractual duties before filing suit.

Missing the 60-day deadline can be legally significant, but it does not eliminate every other requirement that may apply to the dispute. A Florida property insurance attorney can review the policy, claim file, insurer correspondence, applicable deadlines, and pre-suit obligations before litigation is initiated.

Get Help with a Delayed Florida Property Insurance Claim

Williams Law Association, P.A. represents Florida homeowners, business owners, condominium associations, and other policyholders whose insurance claims have been delayed, denied, or underpaid.

Since 1995, our Tampa-based property insurance law firm has represented Florida policyholders and has never represented insurance companies.

If your insurer has missed a claim deadline, failed to provide a meaningful written explanation, delayed payment, or left covered damage unresolved, contact Williams Law Association, P.A. for a free consultation. Our attorneys can review the policy, claim history, insurer communications, and applicable Florida law to determine the next step.