Florida's Property Insurance Claim Deadline for Policyholders Selling a Damaged House

Florida law puts a firm deadline on filing a property insurance claim after storm, fire, or other covered damage. This deadline applies to the policyholder, meaning the named insured on the policy at the time of loss, and it's worth understanding whether you're planning to repair the house, sell it as-is, or aren't sure yet. This article is written for a seller who was the property owner and insured at the time of the loss; it does not address whether or how a buyer or someone who wasn't the insured could pursue a claim. Here's the general framework for that deadline and how it fits into a sale.

The 1-year notice deadline for the policyholder

Under Florida Statute 627.70132, a claim or reopened claim under a property insurance policy for loss or damage caused by any peril is generally barred unless notice of the claim was given to the insurer, in accordance with the policy's terms, within 1 year after the date of loss. This deadline runs to the insured, the party who holds the policy, not to a buyer or a future owner of the property. A reopened claim is one the insurer previously closed but that's reopened at the insured's request for additional costs tied to loss or damage already disclosed. The statute sets these as notice deadlines specifically; it does not itself resolve how a claim is ultimately adjusted or paid once timely notice has been given. The current 1-year and 18-month deadlines described below took effect December 16, 2022, when the act shortening them from the prior 2-year and 3-year windows became law. Because claim deadlines can depend on the policy and the date of loss, confirm the deadline for your specific policy with your insurer or a Florida-licensed insurance professional or attorney.

Supplemental claims get a longer window

F.S. 627.70132(2) treats a supplemental claim differently. A supplemental claim is additional loss or damage from the same peril on a claim the insurer already adjusted, or for which costs were incurred while completing repairs under an already-open claim that received timely notice. A supplemental claim is generally barred unless notice was given within 18 months after the date of loss, six months longer than the deadline for an initial or reopened claim. The statute also tolls, or pauses, these deadlines during a servicemember's deployment to a combat zone or combat support posting that materially affects their ability to file, for a named insured who qualifies as a servicemember under F.S. 250.01.

How the date of loss is determined for storm damage

F.S. 627.70132(3) sets a specific rule for weather-related claims. For claims from hurricanes, tornadoes, windstorms, severe rain, or other weather-related events, the date of loss is the date the hurricane made landfall, or the date the tornado, windstorm, severe rain, or other weather-related event is verified by the National Oceanic and Atmospheric Administration. This matters because the 1-year and 18-month windows run from that specific date, not from whenever the damage was first noticed or a repair estimate was obtained.

A separate, shorter rule for condo loss-assessment claims

F.S. 627.70132(4) sets a different notice deadline for a specific, narrower situation: a claim for loss assessment coverage under F.S. 627.714, which is the coverage a condominium unit owner's own residential policy is required to include for assessments the condo association levies against owners after a covered loss to the association's property. For that specific type of claim, notice must be given to the insurer no later than 3 years after the date of loss, and no later than the later of 1 year after the date of loss or 90 days after the date the association votes to levy the assessment. This is a distinct rule from the general property-damage deadlines described above, and it applies specifically to a condo unit owner's loss-assessment coverage, not to a general homeowner's claim for direct damage to a house. This article is written for a seller with a general property-damage claim; it does not address the loss-assessment claim process in detail, and a condo seller with an assessment-related claim should confirm the applicable deadline with their insurer or an attorney.

Where a sale fits

A property with storm, fire, or other covered damage can be sold whether or not the insured has filed an insurance claim, has an open claim, or has already resolved one, but the claim's status is a fact a buyer, a title company, or an insurer may want to understand as part of that specific transaction. Whether an unresolved claim, or the right to pursue one, transfers with a sale, and how a missed notice deadline affects a specific property, are questions this general statute summary does not resolve; those depend on the specific policy and situation and are best directed to the insurer or a Florida-licensed insurance professional or attorney. This applies the same way whether the sale is financed or an as-is cash transaction, since it's a function of the policy and the statute's notice deadline, not how the sale itself is structured. This article addresses the deadline that applies to the seller as the policyholder/insured at the time of loss; it does not imply that every seller has a claim to file or that a buyer inherits any right to file one.

Frequently asked questions

How long does a policyholder have to file a property insurance claim in Florida?

Under F.S. 627.70132(2), a claim or reopened claim under a Florida property insurance policy is generally barred unless notice of the claim was given to the insurer, by the policyholder, within 1 year after the date of loss. A supplemental claim, meaning additional loss or damage from the same peril on a claim already opened, is generally barred unless notice was given within 18 months after the date of loss. These deadlines apply to the insured on the policy at the time of loss, not to a buyer or future owner.

What counts as the date of loss for a hurricane or storm claim?

Under F.S. 627.70132(3), for claims from hurricanes, tornadoes, windstorms, severe rain, or other weather-related events, the date of loss is the date the hurricane made landfall, or the date the tornado, windstorm, severe rain, or other weather-related event is verified by the National Oceanic and Atmospheric Administration.

Does the condo loss-assessment claim deadline work the same way?

No. F.S. 627.70132(4) sets a separate deadline for a claim for loss assessment coverage required under F.S. 627.714, which covers a condominium unit owner's share of an association-levied assessment after a covered loss. That notice must be given no later than 3 years after the date of loss, and no later than the later of 1 year after the date of loss or 90 days after the association votes to levy the assessment. This is distinct from the general property-damage deadlines described above and applies specifically to that type of condo assessment claim.

Does the claim deadline change if I sell the house before the claim is resolved?

This article does not resolve that question. Whether and how an open or unresolved insurance claim, or the right to pursue one, transfers or is affected when a property is sold depends on the specific policy and the specific transaction, and is a question for the insurer, a Florida-licensed insurance professional, or an attorney, not something this general statute addresses on its own.

Can I still sell a house with storm or damage history if the claim deadline has passed?

This article does not evaluate what a missed notice deadline means for a specific property or claim. Whether a specific claim is time-barred, and what options remain, is a question for the insurer or an attorney reviewing the specific facts, not something a general statute summary can determine.

Have storm, fire, or other damage and unsure what your insurance timeline looks like? Call OfferLink at 407-584-9111. We buy houses as-is across Florida, including Marion County, Sumter County, and Duval County. This article is general information, not insurance or legal advice. Your insurer or a Florida-licensed insurance professional or attorney is the right resource for a specific claim.