State litigation guide · Florida

Storm Damage Lawsuit in Florida

Time limits apply in Florida. Find out if you still qualify.

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Statute of limitations — Florida

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

Combined damage from Hurricanes Helene and Milton in 2024 — Florida bore the heaviest insured losses from both storms

$100B+

Source: CoreLogic / Moody's RMS 2024

Denial rate for Hurricane Milton closed claims in Florida, the highest denial rate recorded for a major hurricane in recent history

41%

Source: Florida OIR Claims Data 2024

Citizens Property Insurance now covers over 1.2 million policies after seven private carriers entered receivership between 2020-2024

1.2M policies

Source: Citizens Property Insurance Corporation 2024

Average homeowner insurance premium increase in Florida over the past 5 years — Florida premiums are now the highest in the nation at approximately $6,000/year

400%

Source: Insurance Information Institute 2024

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