Florida claims
The Homeowner Claims Bill of Rights, in plain words
What the Florida Homeowner Claims Bill of Rights says, when your insurer must send it, and how to use its timelines while your claim is open.
By Ricardo Arevalo, Florida Public Adjuster · Published
A summary your insurer must send
Section 627.7142 of the Florida Statutes requires insurers that issue personal lines residential policies to send the Homeowner Claims Bill of Rights within 14 days after receiving the first communication about a claim. It summarizes existing Florida law in simple terms. It does not list every right you have under your policy, and the timelines have exceptions when conditions are beyond the insurer’s control.
The rights it lists
According to the Bill of Rights, you have the right to:
- An acknowledgment of your claim within 7 days after you report it
- On written request, within 30 days after you submit a complete proof-of-loss statement, confirmation that the claim is covered in full, partially covered or denied, or a written statement that it is still being investigated
- A copy of any detailed estimate within 7 days after the insurer’s adjuster generates it
- Within 60 days, full settlement, payment of the undisputed portion, or a denial, subject to any dual interest in the policy, such as a mortgage company
- Interest if the claim is not paid or denied within 60 days
- Free mediation of a disputed claim through the Florida Department of Financial Services, in most circumstances
- Neutral evaluation of a disputed sinkhole claim covered by your policy
- Help from the Department of Financial Services consumer helpline
The advice it gives
The Bill of Rights also advises policyholders to:
- File claims directly with the insurance company
- Check with the insurer about managed repair provisions or preferred vendors before signing a repair contract
- Make and document emergency repairs, keep damaged property when feasible, keep every receipt, and take photos or video before and after repairs
- Read carefully any contract with out-of-pocket costs or a fee based on a percentage of the insurance proceeds
- Confirm that contractors are licensed and insured, and ask for references
- Secure the property, turn off gas, water and electricity if you must leave, and give the insurer a phone number where you can be reached
Using it as a checklist
Keep the Bill of Rights with your claim papers and write the dates next to each timeline: when you reported the claim, when you sent the proof of loss, when you received the estimate. If a date passes, ask the insurer in writing for an update. A written request is also what starts the 30-day coverage confirmation.
What it does not do
The Bill of Rights does not change the law or create a new right to sue, and it does not stop an insurer from using a right to repair that is in the policy. It is a summary. RicardoPA can walk through it with you during a free evaluation and explain how each timeline applies to your claim.
Frequently asked questions
When must my insurer send the Homeowner Claims Bill of Rights?
Within 14 days after it receives the first communication about a claim under a personal lines residential policy.
How do I get a coverage decision within 30 days?
Submit a complete proof-of-loss statement and ask in writing. Within 30 days the insurer should confirm whether the claim is covered in full, partially covered or denied, or tell you in writing that it is still investigating.
Does the Bill of Rights apply to commercial properties?
No. Section 627.7142 applies to personal lines residential property policies. Commercial claims follow their own policy terms and other Florida laws.
General information only, based on Florida law at the date shown. It is not legal advice, and initial guidance does not replace an evaluation by a licensed public adjuster.
