The two clocks
Florida law sets a short window to tell your insurer a loss happened, and a much longer window to take the insurer to court over how it handled the claim. They come from different statutes and they run independently.
| Clock | Limit | Runs from | Statute |
|---|---|---|---|
| Notice of a new or reopened claim | 1 year | Date of loss | §627.70132 |
| Notice of a supplemental claim | 18 months | Date of loss | §627.70132 |
| Suit for breach of the policy | 5 years | Date of loss | §95.11(2)(e) |
Where the “2 years” number comes from — and why it is wrong here
HB 837, the 2023 tort reform bill, cut the limitations period for negligence actions from four years to two. It did not change the period for suing on a property insurance contract. That figure gets repeated constantly in claim advice, including on pages that ought to know better.
The provision that actually governs is Fla. Stat. §95.11(2)(e): “An action for breach of a property insurance contract, with the period running from the date of loss.” Five years. From the loss, not from the denial.
What your carrier owes you, and when
Fla. Stat. §627.70131 puts deadlines on the insurer too. These are the dates worth writing down the day you report a claim.
| The carrier must… | Within | Of | Statute |
|---|---|---|---|
| Review and acknowledge your communication | 7 days | Receiving it | §627.70131(1)(a) |
| Begin investigating | 7 days | Receiving proof-of-loss statements | §627.70131(3)(a) |
| Complete any physical inspection | 30 days | Receiving proof-of-loss statements | §627.70131(3)(b) |
| Pay or deny the claim | 60 days | Receiving notice of the claim | §627.70131(7)(a) |
| Cure a violation after a Civil Remedy Notice | 60 days | Receiving notice from DFS | §624.155(3) |
Note what the 60-day pay-or-deny clock runs from: notice of the claim. Not proof of loss, not the adjuster’s inspection, not the estimate. It starts the day you report. Limited exceptions exist for factors genuinely beyond the insurer’s control.
The named storms
Dates below assume the policy was in effect at landfall and was issued or renewed under the regime noted. Confirm against your own declarations page.
| Storm | Date of loss | Report by | Supplement by | Sue by |
|---|---|---|---|---|
| Hurricane Ian | 28 Sep 2022 | 28 Sep 2024 | 28 Sep 2025 | 28 Sep 2027 |
| Hurricane Helene | 26 Sep 2024 | 26 Sep 2025 | 26 Mar 2026 | 26 Sep 2029 |
| Hurricane Milton | 9 Oct 2024 | 9 Oct 2025 | 9 Apr 2026 | 9 Oct 2029 |
Ian uses the 2-year / 3-year limits because those policies were in effect before 16 December 2022. Helene and Milton use 1 year / 18 months.
Read that table again. Every reporting window has closed — and every window to sue is still open, in two cases for another three years. If your claim was reported on time and settled for less than the damage, the clock that matters has years left on it.
What to do about a date you may have missed
- Find the date you first reported. The carrier’s acknowledgement letter, the claim number assignment, the first email — any of them fixes the date. That single fact determines which deadlines you were ever subject to.
- Do not assume a closed claim is a finished claim. A claim closed by the carrier is not the same as a claim resolved. Reopening and supplementing are ordinary, and the milestones are documented.
- Deadlines are legal conclusions. Tolling, policy language, FIGA administration of an insolvent carrier, and pending litigation all move these dates. A licensed Florida attorney can tell you what applies to your policy. We cannot, and neither can anyone reading a statute off a website — including this one.