Suing your insurance company over a hurricane claim

Florida: the notice of intent to initiate litigation

Fla. Stat. 627.70152 is titled "Suits arising under a property insurance policy." It "applies exclusively to all suits arising under a residential or commercial property insurance policy, including a residential or commercial property insurance policy issued by an eligible surplus lines insurer."

FLA. STAT. 627.70152(3)(a)

"As a condition precedent to filing a suit under a property insurance policy, a claimant must provide the department with written notice of intent to initiate litigation on a form provided by the department. Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131. Notice to the insurer must be provided by the department to the e-mail address designated by the insurer under s. 624.422."

The notice must state, in the statute's words:

• "That the notice is provided pursuant to this section."
• "The alleged acts or omissions of the insurer giving rise to the suit, which may include a denial of coverage."
• "If provided by an attorney or other representative, that a copy of the notice was provided to the claimant."
• "If the notice is provided following a denial of coverage, an estimate of damages, if known."
• After acts or omissions other than a denial of coverage: "The presuit settlement demand, which must itemize the damages, attorney fees, and costs," and "The disputed amount."

The "disputed amount" is "the difference between the claimant's presuit settlement demand, not including attorney fees and costs listed in the demand, and the insurer's presuit settlement offer, not including attorney fees and costs, if part of the offer" (627.70152(2)(b)).

The notice has its own deadline, and one exception: "A claimant must serve a notice of intent to initiate litigation within the time limits provided in s. 95.11. However, the notice is not required if the suit is a counterclaim. Service of a notice tolls the time limits provided in s. 95.11 for 10 business days if such time limits will expire before the end of the 10-day notice period" (627.70152(3)(b)). The full section is on the Fla. Stat. 627.70152 page. The demand letters that come before this notice are in homeowners insurance claim appeal letters.

Florida: what the insurer must do after the notice

"An insurer must respond in writing within 10 business days after receiving the notice" (627.70152(4)). The response the statute allows depends on what the notice is about.

A suit filed without the notice, or filed early, is dismissed: "A court must dismiss without prejudice any claimant's suit relating to a claim for which a notice of intent to initiate litigation was not given as required by this section or if such suit is commenced before the expiration of any time period provided under subsection (4), as applicable" (627.70152(5)).

The notice and its supporting documentation "are not admissible as evidence in any proceeding" (627.70152(6)). If the claim is not resolved and the 95.11 time limits "expire in the 30 days following the conclusion of the presuit notice process, such time limits are tolled for 30 days" (627.70152(7)).

Florida: the deadline to sue

FLA. STAT. 95.11(2), WITHIN FIVE YEARS, PARAGRAPH (e)

"Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss."

The five years run from the date of loss. The deadlines to give notice of a claim are shorter: "within 1 year after the date of loss" for a claim or reopened claim and "within 18 months after the date of loss" for a supplemental claim (Fla. Stat. 627.70132(2)). That section "does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section" (627.70132(5)). Both clocks are set out in how long to file a hurricane insurance claim. The Fla. Stat. 95.11 page lists the five-year date storm by storm, from Ian to Milton.

Florida: bad faith and the Civil Remedy Notice

Fla. Stat. 624.155 lets "any person" bring a civil action against an insurer "when such person is damaged" by listed acts, among them "not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests" (624.155(1)(b)1).

FLA. STAT. 624.155(3)(a) AND (3)(c)

"As a condition precedent to bringing an action under this section, the department and the authorized insurer must have been given 60 days' written notice of the violation." ... "No action shall lie if, within 60 days after the insurer receives notice from the department in accordance with this subsection, the damages are paid or the circumstances giving rise to the violation are corrected."

That written notice is the Civil Remedy Notice, filed through the Department of Financial Services: the Civil Remedy Notice and the 60-day cure window.

Against a property insurer, Fla. Stat. 624.1551 adds a condition for a claim for extracontractual damages under 624.155(1)(b): "no action shall lie until a named or omnibus insured or a named beneficiary has established through an adverse adjudication by a court of law that the property insurer breached the insurance contract and a final judgment or decree has been rendered against the insurer." The same section reads: "Acceptance of an offer of judgment under s. 768.79 or the payment of an appraisal award does not constitute an adverse adjudication under this section." The statute is decoded on the Fla. Stat. 624.155 page, and the bad-faith claim itself in Florida statutory bad faith.

Florida: appraisal before suit

Appraisal can enter the presuit process. When the notice alleges an act or omission other than a denial of coverage, the insurer may respond by "requiring the claimant to participate in appraisal or another method of alternative dispute resolution" (627.70152(4)(b)). The 95.11 time limits are tolled while it is ongoing if they would otherwise expire during it (627.70152(4)(b)).

On a residential claim, appraisal also delays the bad-faith notice: "A notice required under this subsection may not be filed within 60 days after appraisal is invoked by any party in a residential property insurance claim" (624.155(3)(f)).

Fla. Stat. 627.70151 limits challenges to the appraisal umpire. The insurer or the policyholder "may challenge an umpire's impartiality and disqualify the proposed umpire only if" one of the conditions the section lists applies, among them "a familial relationship within the third degree" between the umpire and a party or a party's representative, and an umpire who "has worked as an employer or employee of a party within the preceding 5 years." How the appraisal clause works is in appraisal and mediation for a denied or underpaid hurricane claim.

Florida: Fla. Stat. 627.428 repealed in 2023

Fla. Stat. 627.428, titled "Attorney fees," was repealed by CS/CS/HB 837 (2023), chapter 2023-15. Section 11 of the enrolled bill reads: "Section 627.428, Florida Statutes, is repealed."

The section's text in the 2022 Florida Statutes includes subsection (4): "In a suit arising under a residential or commercial property insurance policy, there is no right to attorney fees under this section."

South Carolina: three years to sue

S.C. Code 15-3-530 opens "Within three years:" and lists, at item (1), "an action upon a contract, obligation, or liability, express or implied," and at item (8), "an action on any policy of insurance, either fire or life, whereby any person or property, resident or situate in this State, may be or may have been insured, or for or on account of any loss arising under the policy, any clause, condition, or limitation contained in the policy to the contrary notwithstanding." More on the section: S.C. Code 15-3-530.

S.C. CODE 15-3-140 · CONTRACT PROVISION SHORTENING STATUTORY PERIOD

"No clause, provision or agreement in any contract of whatsoever nature, verbal or written, whereby it is agreed that either party shall be barred from bringing suit upon any cause of action arising out of the contract if not brought within a period less than the time prescribed by the statute of limitations, for similar causes of action, shall bar such action, but the action may be brought notwithstanding such clause, provision or agreement if brought within the time prescribed by the statute of limitations in reference to like causes of action."

S.C. Code 38-59-40 sets when the insurer pays the policyholder's attorney fees. It applies to a claim "covered by a policy of insurance" where the insurer refuses "to pay the claim within ninety days after a demand has been made by the holder of the policy" and there is "a finding on suit of the contract made by the trial judge that the refusal was without reasonable cause or in bad faith." The insurer is then "liable to pay the holder, in addition to any sum or any amount otherwise recoverable, all reasonable attorneys' fees for the prosecution of the case against the insurer." The cap: "The amount of the attorneys' fees may not exceed one-third of the amount of the judgment." The section in full: S.C. Code 38-59-40; the claims-practices chapter: South Carolina bad faith under Title 38, Chapter 59.

Sources

Statute text read at flsenate.gov and scstatehouse.gov on November 8, 2026.

Not legal advice; consult an attorney about your specific claim.