Hurricane Irma Claims: Are you too late?

A common question we get is: Did I miss the deadline to file a Hurricane Irma claim with my insurance? The answer is No, not exactly. As long as you have submitted a claim with your insurance company, if you do not like its assessment of your damages, you can still file a lawsuit against the insurance company to fully compensate your damages.  

Florida law gives up to five years from the date of the loss to file an action for breach of property insurance contract. (See Fla. Stat. 95.11(2)(e)) Which means the lawsuit does not have to be filed right away. You actually have until September 10, 2022, before you run out of time to file a lawsuit under Florida law. 

However, the key is that you have made a claim with your insurance company within three years of the hurricane, or by September 10, 2020 (See Fla. Stat. 627.70132). Specifically, Florida Statute 627.70132 provides as follows:

Notice of windstorm or hurricane claim.—A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.

So there are two deadlines in play here:

(1) Claims Deadline: September 10, 2020; and

(2) Lawsuit Deadline: September 10, 2022.