Florida Insurance Company Delaying Your Claim? Here’s What to Do

You filed a hurricane or storm damage claim weeks ago. You’ve called, left messages, sent emails—and nothing. The insurance company keeps asking for more documents, rescheduling the adjuster, or simply going silent. If this sounds familiar, you’re not alone. Insurance claim delays are one of the most common complaints Florida homeowners file with regulators every year.

The good news: Florida law is on your side. Insurers operating in Florida must follow strict timelines for handling claims. When they don’t, you have real options—including filing regulatory complaints, demanding penalties, and pursuing bad faith damages.

Florida’s Statutory Deadlines for Claim Handling

Florida Statute §627.70131 sets hard deadlines that every property insurer must follow:

14 days — The insurer must acknowledge your claim and begin an investigation within 14 days of you filing. If they need additional information, they must notify you within this window.

45 days — Within 45 days of receiving all required documentation, the insurer must either (a) pay the claim, (b) pay the undisputed portion, or (c) provide written denial with specific reasons.

90 days — Under most circumstances, the insurer must make a coverage decision—pay or deny—within 90 days of receiving your proof of loss. If they cannot meet this deadline, they must provide a written explanation with a specific reason for the delay.

These aren’t suggestions. They’re legal requirements. Violating them exposes the insurer to penalties and, potentially, bad faith litigation.

What Counts as an Unreasonable Delay?

Not every delay is automatically a violation. Insurers can legitimately need more time in certain situations:

• Catastrophic events like major hurricanes affecting thousands of claims simultaneously
• Waiting for engineering or specialist reports
• Pending litigation that affects coverage

However, delay crosses into bad faith when the insurer:

• Fails to communicate for weeks without explanation
• Repeatedly requests documents you’ve already provided
• Changes adjusters multiple times without advancing the claim
• Misrepresents policy terms to justify inaction
• Makes a lowball offer and then goes silent after you dispute it

Florida courts have found delays of just 60-90 days unreasonable when there was no legitimate reason for the holdup.

Step 1: Document Everything in Writing

Before escalating, build your paper trail. Send a certified letter or email (which creates a timestamp) to your insurance company stating:

• Your claim number and date of loss
• A summary of all prior communications and their dates
• The specific information or action you’re waiting for
• A clear deadline for their response (typically 10-14 days)

Keep copies of everything. Screenshot the insurer’s online claim portal regularly. If you have phone calls, follow up each one with an email summarizing what was discussed.

This documentation becomes critical if you file a complaint or pursue legal action.

Step 2: File a Complaint with the Florida Department of Financial Services

The Florida Department of Financial Services (DFS) regulates insurance companies and has authority to investigate complaint violations. Filing a complaint is free and often prompts the insurer to act quickly.

To file:

1. Visit the DFS website or call 1-877-693-5236
2. Provide your policy number, claim number, insurer name, and a description of the delay
3. Attach supporting documentation (correspondence, dates, claim timeline)

The DFS will contact the insurer on your behalf and require a formal response. Many homeowners see movement on stalled claims within days of filing a DFS complaint—insurers know the regulator is watching.

Step 3: Send a Formal Demand Letter

A demand letter puts the insurer on notice that you intend to pursue your legal rights. It should include:

• The specific amount you’re claiming (repair estimates, receipts, contractor bids)
• A citation to Florida Statute §627.70131 and the deadline violations
• A demand for payment within 10-14 days
• A statement that you will pursue all available remedies, including bad faith damages, if not resolved

A demand letter from an attorney carries significantly more weight. Most insurers escalate internally when they receive attorney correspondence.

Step 4: Invoke the Appraisal Process (If the Dispute Is About Amount)

If the insurer has accepted coverage but disputes the damage amount, your policy likely includes an appraisal clause. This is a binding dispute resolution process where:

• You hire a licensed, independent appraiser
• The insurer hires their own appraiser
• The two appraisers select a neutral umpire
• The umpire resolves the difference

Appraisal moves faster than litigation and often resolves underpayment disputes without going to court. You must formally invoke it in writing—review your policy’s appraisal language carefully before doing so.

Step 5: Consider a Bad Faith Claim

If the insurer has violated the statutory deadlines and caused you financial harm—paying out of pocket for emergency repairs, temporary housing, or other covered expenses—you may have a bad faith claim under Florida Statute §624.155.

Bad faith allows you to recover:

• The full policy limits
• Consequential damages (costs you incurred because of the delay)
• Attorney’s fees and court costs

To pursue bad faith, you must first file a Civil Remedy Notice (CRN) with the DFS, giving the insurer 60 days to cure the violation. If they don’t respond adequately, you can file suit. An experienced property insurance attorney can determine whether your facts support a bad faith claim.

How Long Can an Insurer Really Make You Wait?

In a declared state of emergency (which covers most major Florida hurricanes), the 90-day clock still applies—but the insurer may cite the emergency as justification for extension. After Hurricane Ian, some Floridians waited 12-18 months for resolution, largely because they didn’t know their rights or didn’t push back.

The difference between homeowners who got paid fairly and those who didn’t often came down to one thing: having professional representation. A property damage attorney or public adjuster can track deadlines, identify violations, and escalate when the insurer stalls.

Warning Signs Your Claim Is Being Deliberately Delayed

Watch for these red flags:

• “We need additional documentation” — after you’ve already submitted everything
• Multiple adjuster reassignments — each new adjuster starts over, resetting the clock
• Vague denial letters — without specific policy exclusions cited
• Partial payments with no explanation — covering some damage but ignoring other covered items
• Silence after you dispute a low estimate — no counter-offer, no communication

These patterns are often deliberate. Insurers know that many homeowners give up after months of delays. Don’t be one of them.

Get Help Fighting Insurance Delays

You have a right to prompt, fair handling of your claim. Florida law exists precisely because insurance companies have every financial incentive to delay, minimize, and deny.

If your insurer has gone past the statutory deadlines, failed to communicate, or is dragging out your claim without justification, an attorney can review your situation at no upfront cost.

Louis Law Group represents Florida homeowners against insurance companies in storm damage disputes—including delays, underpayments, and bad faith conduct. We work on contingency, meaning you pay nothing unless we win.

Call (954) 523-4357 or visit louislawgroup.com for a free consultation.

Don’t let your insurer wait you out. The clock is running—make sure it’s working in your favor.