The letter usually arrives in one of three forms. Some are outright denials that cite an exclusion such as wear and tear, long-term leakage, or flood. Some are partial payments, where the insurer accepts the claim but its estimate barely clears the deductible, leaving the owner with a check that will not fix the home. And some owners get nothing but silence: repeated requests for documents, adjusters who change, and calls that are not returned.
Florida law gives policyholders specific rights and specific deadlines in each of these situations. It also requires certain steps before a lawsuit can be filed.
1. Get the decision in writing and read it closely
Florida requires the insurer, when it pays, denies, or partially denies a claim, to "provide a reasonable explanation in writing to the policyholder of the basis in the insurance policy" for its decision (§ 627.70131(7)(a), Fla. Stat.). If you received a phone call but no letter, ask for the written explanation. Read it for the exact policy provisions cited, the facts the insurer relied on, and any reports or inspections it references. The letter tells you what you need to rebut.
“provide a reasonable explanation in writing to the policyholder of the basis in the insurance policy”
§ 627.70131(7)(a)
2. Request the full policy and the insurer's file materials
Ask your agent or insurer for a complete copy of the policy in effect on the date of loss, including the declarations page and every endorsement. Request the insurer's detailed estimate, which Florida requires the insurer to send within 7 days after its adjuster generates it (§ 627.70131(3)(e)), along with the adjuster's photographs and any engineering or cause-of-loss report. If the insurer's payment is less than its own detailed estimate, the insurer must explain the difference in writing (§ 627.70131(7)(a)).
3. Compare estimates line by line
An underpaid claim is usually an estimate dispute. Put the insurer's estimate next to a contractor's or independent adjuster's estimate and look for missing rooms, missing items, reduced quantities, low unit prices, omitted code upgrades, and depreciation that seems excessive. Mark every difference.
4. Answer document requests promptly and keep a log
If the insurer asks for documents, provide what is reasonable and keep copies of what you sent and when. Under § 627.70131(8)(b), when a policyholder does not provide material claim information "within 10 days after the request was received," the insurer's time to decide can be extended. Keep a communications log with the date, person, and substance of every call, and confirm important conversations by email.
“within 10 days after the request was received,”
§ 627.70131(8)(b)
5. Get independent proof of cause and cost
If the denial is about cause, such as wear and tear, preexisting damage, or long-term leakage, you will need evidence from someone qualified to rebut it: an engineer, a licensed contractor, a leak detection company, or an industrial hygienist. If the dispute is about cost, an independent adjuster or contractor estimate is the starting point. Photos taken right after the loss and records of the property's condition before the loss are often decisive.
6. Consider free state mediation
Florida offers a mediation program for disputed residential property claims through the Department of Financial Services, and the insurer pays for the mediation conference (§ 627.7015). Mediation is not binding unless the parties reach a written settlement, and a policyholder may rescind a mediated settlement within 3 business days unless the policyholder has cashed or deposited the settlement check. Disputes under $500 are generally excluded unless the parties agree. If you are considering a supplemental claim, remember its separate deadline.
7. Talk to a lawyer before the presuit notice
If the dispute cannot be resolved, Florida requires a written notice of intent to initiate litigation before suit. Talk with a lawyer before it is filed, because what the notice says, and when it is filed, shapes everything that follows.
The Florida rules that matter on a disputed claim
Notice of claim. A claim or reopened claim is barred unless notice is given "within 1 year after the date of loss." A supplemental claim, which covers additional loss from the same peril the insurer has already adjusted, is barred unless noticed "within 18 months after the date of loss" (§ 627.70132(1), (2)). If the insurer underpaid and you have found more damage, a supplemental claim may be the right tool, and its clock is running.
Pay or deny. The insurer generally must pay or deny all or part of the claim within 60 days after receiving notice, subject to factors beyond its control. Late payments bear interest at the statutory rate (§ 627.70131(7)(a)). The statute also says that failing to meet this deadline "does not form the sole basis for a private cause of action."
Presuit notice. "As a condition precedent to filing a suit under a property insurance policy," the policyholder must give the Department of Financial Services written notice of intent, on the department's form, at least 10 business days before filing, and the notice "may not be given before the insurer has made a determination of coverage" (§ 627.70152(3)(a); § 624.05). For a dispute other than a coverage denial, the notice must include a settlement demand itemizing damages, attorney fees, and costs. The insurer must respond in writing within 10 business days. After a denial, it must accept coverage, continue to deny, or assert a right to reinspect; for other disputes, it must make a settlement offer or require appraisal or another form of alternative dispute resolution (§ 627.70152(4)). A suit filed without the notice, or too early, must be dismissed without prejudice (§ 627.70152(5)).
Attorney fees. Florida's property insurance fee rules changed significantly. The statutes that once allowed policyholders to recover attorney fees from their insurer after winning a judgment, §§ 627.428 and 626.9373, no longer appear in the 2026 Florida Statutes. Which rules govern your claim can depend on when your policy was issued, and we review that at the outset. Separately, § 57.105 allows a court to award fees against a party that pursues a claim or defense the party knew or should have known "was not supported by the material facts necessary to establish the claim or defense."
Lawsuit deadline. The time limit to sue for breach of a property insurance contract is 5 years, "with the period running from the date of loss" (§ 95.11(2)(e)). The presuit statute tolls that period in some situations, but do not plan around a tolling rule.
“within 1 year after the date of loss.”
§ 627.70132(1)
“does not form the sole basis for a private cause of action.”
§ 627.70131(7)(a)
“As a condition precedent to filing a suit under a property insurance policy,”
§ 627.70152(3)(a)
“was not supported by the material facts necessary to establish the claim or defense.”
§ 627.428
“with the period running from the date of loss”
§ 95.11(2)(e)
Your checklist
- Get the denial or payment explanation in writing.
- Request the full policy, declarations page, endorsements, the insurer's estimate, photos, and reports.
- Compare estimates line by line and list every difference.
- Answer document requests within 10 days and log every contact.
- Get an engineer, contractor, or independent adjuster to address cause and cost.
- Consider state mediation, and calendar the supplemental claim deadline.
- Speak with a lawyer before the presuit notice of intent is filed.
How we handle these cases
When a claim has been denied, delayed, or underpaid, we start with the insurer's own words: the letters, the estimate, and the reports it relied on. We identify the policy provisions in play, assemble the proof needed to answer them, and handle mediation, presuit notice, appraisal, and litigation as the case requires. We represent homeowners and condo owners throughout Florida. Meetings are by appointment only. Call 305-748-3789 to talk about your claim.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.