Storm Damage Lawsuit Lawsuit in Florida

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Written By
People's Justice Legal Research Team

Statute of Limitations

Florida: 5 years from breach for breach of contract (Fla. Stat. § 95.11(2)(b)); bad faith requires filing a Civil Remedy Notice under Fla. Stat. § 624.155 before suing

5 years from denial/underpayment (breach of contract)

Filing Venue

Where to File in Florida

Florida storm damage lawsuits are filed in Circuit Court in the county where the property is located. The Florida Office of Insurance Regulation (OIR) oversees carriers, and policyholders can file complaints through the Department of Financial Services (DFS). Before filing a bad faith lawsuit, policyholders must file a Civil Remedy Notice (CRN) under Fla. Stat. § 624.155, giving the insurer 60 days to cure. Florida's 2023 tort reform (SB 2A and HB 837) eliminated one-way attorney fees for insurance disputes filed after March 2023, making it harder for policyholders to find representation on smaller claims. The reform also shortened the filing period for property claims from two years to one year from the date of loss. South Florida Circuit Courts (Miami-Dade, Broward, Palm Beach) and Gulf Coast courts (Hillsborough, Lee, Collier) handle the highest volume of hurricane-related insurance disputes.

Florida Data

Exposure in Florida

Source: CoreLogic / Moody's RMS 2024

Source: Florida OIR Claims Data 2024

Source: Citizens Property Insurance Corporation 2024

Source: Insurance Information Institute 2024

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