Cory Cannon Civil Litigation Attorney

After a Hurricane: First Steps for Florida Homeowners and Their Insurance Claims

When it’s safe, document damage before cleanup. Report promptly in writing and keep dated confirmation.

Findings Summary

  • Policies issued or renewed after December 16, 2022 require notice of an original or reopened claim within 1 year after the date of loss and notice of a supplemental claim within 18 months after the date of loss. For hurricanes the date of loss is the landfall date. Policies issued or renewed on or before December 16, 2022 have longer periods. Fla. Stat. 627.70132.
  • For residential claims and commercial claims involving structures or premises of 10,000 square feet or less, the usual pay-or-deny period is 60 days after notice, subject to exceptions and tolling. Fla. Stat. 627.70131.
  • The National Flood Insurance Program (NFIP) ordinarily requires a signed, sworn proof of loss within 60 days after loss. Standard Flood Insurance Policy, Dwelling Form.
  • Portable generators belong outdoors, at least 20 feet from doors, windows and vents. Centers for Disease Control and Prevention (CDC).

What should I do during the first 72 hours after a hurricane?

Address hazards, document damage and prevent further loss when safe. The Centers for Disease Control and Prevention warns about floodwater, downed lines and unstable buildings. Wait until local authorities determine a damaged building is safe. Report your claim without waiting to enter.

  1. Stay clear of downed lines, floodwater and unstable structures.
  2. Use flashlights instead of candles and keep generators outside with working carbon-monoxide alarms.
  3. Photograph and video rooms, exteriors and water lines.
  4. Arrange safe temporary protection and save itemized receipts.
  5. Log calls, inspections, repairs and expenses by date.
  6. List damaged contents, age, condition and purchase evidence.
  7. Ask repair professionals to retain safe samples of removed shingles, drywall and flooring.
  8. Back up the record outside your phone.

FloodSmart’s NFIP checklist says to retain items until inspection unless hazardous or local law requires disposal. Keep safe flooring or carpet samples. The Florida Department of Financial Services (DFS) advises photos or video before discarding hazards.

CDC advises leaving immediately for suspected gas leaks. Avoid sparks. Call the utility or emergency services outside. Don’t return until cleared. If you smell gas, leave first. Shut the main valve and open windows only if that does not delay getting out. Use fans and dehumidifiers only with safe electricity.

Keep tarping invoices for a roof damage claim, drying records for a water damage claim and growth dates for a mold damage claim.

How do I report a hurricane claim, and what is the deadline?

Fla. Stat. 627.70132 requires original or reopened notice within 1 year after the date of loss and supplemental notice within 18 months for policies issued or renewed after December 16, 2022. For hurricanes, the date of loss is landfall, not discovery, closure, denial, payment or repairs.

Policies issued or renewed July 1, 2021 through December 16, 2022 generally required original or reopened notice within 2 years after the date of loss and supplemental notice within 3 years. Hurricane Ian’s notice periods have passed. A claim that was reported on time can still be taken to court.

Provide your policy number, damage description and contact details.

Read the insurance claim deadline calculator explanation and hurricane claim filing deadline in Florida guide.

For personal-lines residential policies, Fla. Stat. 627.7142 requires the Homeowner Claims Bill of Rights within 14 days after the initial claim communication. Save it in your hurricane damage insurance claim file.

How long does my insurer have to respond?

Under Fla. Stat. 627.70131, the insurer must acknowledge communications within 7 calendar days, conduct any physical inspection within 30 days after receiving proof-of-loss statements, and pay or deny within 60 days after notice. Statutory exceptions apply. Before March 1, 2023, the acknowledgment and decision periods were 14 and 90 days.

Duty Usual clock Starting event
Acknowledge claim communication 7 calendar days Receipt of communication
Begin necessary investigation 7 days Receipt of proof-of-loss statements, unless otherwise provided
Conduct physical inspection, if any 30 days Receipt of proof of loss
Provide generated detailed estimate 7 days Estimate generation
Pay or deny all or part 60 days Receipt of claim notice

The acknowledgment exception concerns lawyer-represented claimants. Necessary forms and instructions remain required. Payment timing covers residential claims and qualifying commercial structures or tenant premises of 10,000 square feet or less, excluding multistate nonresidential policies. Check statutory tolling and regulatory extensions.

Payment and denial need a written policy explanation tied to facts or law, including reasons for payment below the insurer’s estimate. For a delayed insurance claim, use the insurer response timeline checker and how long the insurance company has to pay.

Is the damage from wind or flood, and why does that matter?

Storm surge and rising water ordinarily fall under flood exclusions in homeowners policies. Fla. Stat. 627.7011 requires a flood insurance notice on the declarations page. FloodSmart explains wind and flood coverage. Wind-driven rain needs separate policy analysis. Notify both insurers when both causes are possible, and document entry points and water lines.

Review wind vs. flood damage and identify whether your flood damage insurance claim uses NFIP or private coverage.

  • Proof of loss: the NFIP Dwelling Form requires a signed, sworn submission within 60 days after loss, subject to a written FEMA extension or waiver.
  • Appeal: FEMA’s appeal process allows 60 days from the denial-letter date.
  • Lawsuit: file within 1 year after written full or partial denial in the United States District Court where the insured property was located when damaged.

An appeal doesn’t extend the suit deadline. An adjuster’s visit doesn’t satisfy your proof-of-loss duty.

How do I avoid contractor and repair scams after a storm?

Verify licenses through the Florida Department of Business and Professional Regulation before authorizing repairs. Get a written scope. Under Fla. Stat. 489.127, specified unlicensed contracting during a Governor-declared emergency is a third-degree felony. A business tax receipt isn’t a contractor license.

Don’t sign blanks or pay in full up front. Get emergency invoices listing the property, service dates, quantities, rates and work performed. See the unlicensed contractor page.

Assignments transfer post-loss policy rights. Fla. Stat. 627.7152 bars them under property policies issued on or after January 1, 2023. Read before signing.

Fla. Stat. 489.147 prohibits specified roof-claim solicitation and deductible-waiver inducements and requires an itemized good-faith repair estimate. Its emergency cancellation rule covers residential roof contracts signed within 180 days of declared events in the declared area. Cancellation ends 10 days after signing or at the official start, whichever comes first. The start occurs when work including final roof materials commences, a permit issues, or a code-compliant temporary roof repair is made. Mail cancellation with proof to the contract address.

Insurance assistance: DFS, (877) 693-5236 within Florida or (850) 413-3089 outside Florida. Emergency price-gouging reports: Attorney General, (866) 966-7226 toll-free within Florida or (850) 414-3990.

Should I hire a public adjuster, and what can one charge?

Under Fla. Stat. 626.854, public-adjuster fee caps cover residential property and condominium unit owner policies. For Governor-declared emergency events, the general ceiling is 10% on claims made during the year after declaration. Otherwise, it’s 20%, subject to lower caps and excluded amounts.

  • A public adjuster may not charge on precontract payments or written commitments, or on the deductible.
  • A 1% cap applies when payment or written commitment reaches the coverage-part limit within 14 days after loss or 10 days after contracting, whichever is later.
  • Reopened or supplemental fees cover only additional money obtained, subject to lower applicable caps.
  • Additional living-expense fees require a separate affirmative agreement and statutory disclosure.
  • Under section 626.854(24), the public adjuster, apprentice or firm owes specific status information within 14 days after the insured’s, claimant’s or designated representative’s written or electronic request, and documents the response.

Read public adjuster vs. attorney before selecting representation.

What should I avoid signing or saying?

Give accurate facts and read documents before signing. The NFIP Dwelling Form requires a sworn proof of loss. Other policies impose their own duties. Recorded interviews, examinations under oath, proof forms and releases serve different purposes. Don’t treat them as interchangeable paperwork.

Prepare for a recorded statement or examination under oath. Clarify uncertain figures before signing a sworn proof of loss. Disputes don’t excuse policy duties.

  • Review releases and checks marked as final settlement before signing or depositing.
  • Don’t invent facts to fill a blank.

How do the 50% rule and code-upgrade coverage affect repairs?

Under 44 C.F.R. 59.1, substantial damage costs at least 50% of pre-damage structure market value to restore, regardless of cause. Unincorporated Pinellas County uses 49%, excluding land. Confirm your local threshold and valuation with the permitting authority before rebuilding.

The FEMA 50 percent rule concerns floodplain compliance. Hillsborough’s Helene and Milton guidance addresses permits and cumulative work. For new losses, confirm requirements with your city or county permitting authority.

Check ordinance and law coverage under Fla. Stat. 627.7011. Eligible NFIP buildings have up to $30,000 Increased Cost of Compliance (ICC) coverage. Wind-only damage or a local 49% finding alone doesn’t establish ICC eligibility.

The insurer paid less than the repair bids. What should I do?

Compare the estimate and bid for omissions, pricing, depreciation and deductibles. Fla. Stat. 627.70132 sets different reopened and supplemental notice periods. Payment alone doesn’t determine which applies. Check whether the insurer closed the claim and what damage you already reported.

  • Original: the first notice of the loss.
  • Reopened: the insurer previously closed the claim, and you request additional costs for damage already disclosed.
  • Supplemental: additional loss or damage from the same peril the insurer already adjusted, or costs incurred completing repairs under an open claim reported on time.

The law does not clearly classify higher estimates on open claims. Give written notice promptly within 1 year after the date of loss as the safe limit under current law, and get advice.

Check the hurricane deductible for an underpaid insurance claim. For a denied property insurance claim, use the homeowners insurance claim denied guide.

The insurance appraisal process addresses valuation. Request eligible personal-lines or commercial-residential mediation through DFS before appraisal or litigation under Fla. Stat. 627.7015. Insurers ordinarily pay conference costs. Exceptions and notice bars apply. Compare appraisal vs. mediation.

Fla. Stat. 627.70152 pauses a lawsuit deadline expiring during insurer-required appraisal or alternative resolution after a notice of intent, without extending claim-notice limits.

Request reports when the insurance company sent an engineer. Get advice before suing your homeowners insurance company. Disagreement alone doesn’t establish insurance bad faith.

What changes for condos, associations and businesses?

Separate unit, association and business losses before submitting estimates. Fla. Stat. 627.4025 distinguishes personal from commercial residential coverage, including association policies. Collect governing documents and common-element records. For business losses, organize interruption terms and records showing the effect on operations.

Identify the insured property in a condo association insurance claim. For a commercial property claim, assemble inventory, payroll, sales, lease and shutdown records.

Fla. Stat. 627.70132(4) requires unit-owner loss-assessment notice by the later of 1 year after the date of loss or 90 days after the assessment vote, never beyond 3 years after the date of loss. This rule took effect July 1, 2024, so check whether the policy covering the loss was issued or renewed after that date.

Keep the hurricane preparation checklist.


I’m Cory Cannon, an attorney serving Tampa Bay and Florida’s Gulf Coast. The initial consultation is free. Tell me about the insurance dispute.

Frequently Asked Questions

How long do I have to report hurricane damage?

Under Fla. Stat. 627.70132, policies issued or renewed after December 16, 2022 require original or reopened notice within 1 year after the date of loss and supplemental notice within 18 months. For hurricanes, the date of loss is landfall. For policies issued or renewed July 1, 2021 through December 16, 2022, notice of an original or reopened claim was generally due within 2 years after the date of loss and notice of a supplemental claim within 3 years after the date of loss. After the insurer closes a claim, a request for more money for damage already reported is a reopened claim. Supplemental claims concern additional loss or damage from the same peril the insurer already adjusted, or costs incurred completing repairs under an open claim reported on time. Report promptly in writing. Lawsuits and NFIP claims have separate deadlines.

Can I begin repairs before the adjuster arrives?

Arrange temporary protection when safe. Do not enter an unsafe building. The Homeowner Claims Bill of Rights required by Fla. Stat. 627.7142 advises contacting the insurer before contracting about managed repairs or preferred vendors. Keep receipts and photographs. For NFIP claims, FloodSmart says retain items until inspection unless hazardous or local law requires disposal. Keep safe samples. Don't delay necessary protection solely to await inspection.

Does insurance pay for emergency tarping?

Payment depends on covered cause, policy terms, limits and documented work. Photograph the opening and completed protection, save itemized invoices and report expenses. DFS recommends receipts and photographs or video of emergency repairs. Ask for the policy basis if payment is rejected. A contractor's promise doesn't establish coverage. Read the repair authorization's scope and payment terms before signing or agreeing to pay.

Can my insurer drop me after a hurricane claim?

Only within legal limits. Under Fla. Stat. 627.4133, act-of-God claims cannot justify termination unless reasonably requested preventive action wasn't taken. For residential policies, authorized insurers must wait until 90 days after repairs. Both a section 252.36 emergency declaration and a Commissioner of Insurance Regulation order must cover the hurricane or wind damage. Otherwise, protection lasts until repair or 1 year after final claim payment, whichever comes first. Exceptions include nonpayment, fraud, unreasonable repair delay and payment of limits. See can my insurer drop me after a claim.

What is a typical hurricane claim worth?

There is no single amount that determines what your insurer owes. The Florida Office of Insurance Regulation catastrophe tables group claims by coverage, status and reporting date. Your payment depends on covered damage, limits, deductibles and prior payments. Use itemized estimates and documented expenses for your own loss. The average hurricane claim payout guide distinguishes statewide averages from your property's value.

What if my roof was already old?

Separate age and prior condition from storm damage and valuation terms. Preserve earlier photographs, repair records and inspection reports. Fla. Stat. 627.7011 addresses replacement-cost payments, subject to scope and exceptions. It doesn't make every older roof a covered total replacement. Ask which policy provision and evidence support the decision. Compare that explanation against your photographs, reports and documented new storm damage.

Do I need a lawyer for a hurricane insurance claim?

You can report directly to your insurer. A denial, disputed cause, release, examination under oath or approaching deadline warrants individual review. Fla. Stat. 627.70132 distinguishes claim categories and notice periods. Don't assume every payment request is supplemental. Gather your policy, reporting confirmation, estimates and correspondence. A lawyer can review those records and explain legal steps without predicting the result of your claim.

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