The Importance of Promptly Reporting Your Homeowners Insurance Claim in Florida

by | Apr 21, 2015 | Florida Insurance

Among the many complicated obligations contained in an insurance policy, one of the most important is the policyholder’s duty to promptly report the insurance claim to their insurance company. This means that a policyholder should consider contacting their insurance company at the first sight of a potential claim. Insurance companies generally require prompt notice of an insurance claim so that they are able to conduct their own independent investigation of the claim to arrive at a coverage decision. Occasionally however, a situation beyond the policyholder’s control prevents immediate reporting of an insurance claim. Some examples are:

  • A policyholder who may not see or know about the property damage until sometime after the incident;
  • A policyholder who may not know that there is coverage for their particular situation or damages; or,
  • A policyholder who may think that their damages are under their deductible.

If you believe this has happened to you, don’t worry.  Even if you fail to report your insurance claim for weeks, months or years it does not mean you are prevented from filing a claim or recovering damages from your insurance company.

If an insurance company denies your claim saying that you did not give prompt notice, Florida law requires that the insurance company prove that it has been substantially prejudiced by the late notice.  When considering whether the insurance company has been prejudiced in light of the late notice, the Court may look to see if the insurance company was able to determine coverage for your insurance claim.  There are also other considerations in determining prejudice to the insurance company, but this is not a bright line test and is something that must be addressed on a case by case basis.

Hurricane Damage Claims

When it comes to damages from a hurricane, Florida Statute § 627.70132 specifically requires that

claims for property damage caused by a hurricane must be filed within three (3) years of the hurricane making land fall.
As a result, when it comes to hurricane damage, it is extremely important to contact your insurance company as soon as possible, and certainly, within three (3) years of the date that the hurricane made land fall.

Ultimately it is the policyholder’s obligation to report their claim promptly. So if you are unsure about when to report your claim, have questions about an unreported claim, or would like additional information, please do not hesitate to send us an email or give us a call.