You filed your hurricane damage claim weeks ago. Maybe months ago. You’ve called, emailed, left voicemails — and heard nothing back. No adjuster visit, no denial letter, no acknowledgment that your claim even exists. Your roof is still tarped, water stains are spreading across your ceiling, and your insurance company has gone silent.
This is not just frustrating. In Florida, an insurer’s failure to respond to your claim within specific legal deadlines is a serious violation of state law — and it may constitute actionable bad faith that entitles you to significant additional damages beyond your original claim.
Here is exactly what Florida law requires from your insurer, what you should do when they go silent, and how to turn their inaction into leverage.
Florida Law Sets Strict Deadlines for Insurers
Florida does not leave claims handling to the goodwill of insurance companies. The state legislature has imposed specific, enforceable timelines that every property insurer must follow.
Florida Statute §627.70131 is the key statute governing property insurance claims handling. It establishes two critical deadlines:
14-Day Acknowledgment Rule. Your insurance company must acknowledge your claim within 14 calendar days of receiving it. This acknowledgment must be in writing and must confirm that they have received your claim and have begun reviewing it. A form letter counts — but complete silence does not.
90-Day Decision Rule. Within 90 days of receiving your claim, the insurer must either pay the claim, deny the claim in writing with a specific explanation, or notify you in writing that they need additional time and provide a legitimate reason for the delay. This 90-day window is not a suggestion. It is a statutory mandate.
If your insurer misses either deadline without a valid, documented reason, they are in violation of Florida law. And under Florida’s bad faith framework, those violations carry real consequences.
What Counts as “Not Responding”
Insurance companies sometimes blur the line between responding and actually handling your claim. Here is how to distinguish between legitimate processing delays and actionable non-response:
Complete silence — no written acknowledgment within 14 days — is the clearest violation. If you have proof you submitted your claim (and you should always submit via certified mail, email with read receipt, or through the insurer’s documented portal), the absence of any acknowledgment is a statutory violation.
Superficial acknowledgment without action can also constitute a failure to respond in good faith. If your insurer sent an initial letter but then never scheduled an inspection, never assigned an adjuster, or never followed up in any meaningful way within the 90-day window, they may still be in violation.
Repeated requests for the same documentation is a common delay tactic. If your insurer keeps asking for paperwork you have already provided — without advancing the claim — this pattern of conduct can support a bad faith claim.
Lowball offers followed by silence after you dispute the amount can also constitute bad faith, especially when the insurer stops engaging entirely after you challenge their valuation.
Step-by-Step: What to Do Right Now
If your Florida insurance company has gone dark on your storm claim, take these actions in order.
Step 1: Document Everything You Have Already Done
Before escalating, make sure your paper trail is airtight. Gather and organize:
- Your original claim submission with the date and method of delivery
- Every phone call you made, including dates, times, who you spoke with, and what was said
- All emails and letters sent and received
- Any claim numbers, adjuster names, or reference numbers
- Photos and videos of your property damage with timestamps
- Receipts for emergency repairs, temporary housing, or other out-of-pocket expenses
This documentation is not just for your records. It becomes evidence if you pursue a bad faith claim or regulatory complaint.
Step 2: Send a Certified Demand Letter
Write a formal demand letter and send it via certified mail with return receipt requested. Your letter should include:
- Your policy number and claim number
- The date you originally filed your claim
- A summary of your communications and the insurer’s failure to respond
- A specific reference to Florida Statute §627.70131 and the deadlines your insurer has missed
- A clear demand that they acknowledge and process your claim within 15 business days
- A statement that you will file a complaint with the Florida Department of Financial Services and pursue all available legal remedies if they fail to respond
This letter serves two purposes. First, it gives the insurer a final opportunity to act. Second, it creates a dated, verifiable record that you put the insurer on notice — which strengthens any future bad faith claim.
Step 3: File a Complaint with the Florida DFS
The Florida Department of Financial Services (DFS) regulates insurance companies operating in the state and has the authority to investigate complaints, impose fines, and take enforcement action against insurers that violate claims handling requirements.
How to file:
- Online at MyFloridaCFO.com through the Division of Consumer Services
- By phone at 1-877-693-5236
- By mail to the Florida Department of Financial Services, Division of Consumer Services, 200 East Gaines Street, Tallahassee, FL 32399
When you file your DFS complaint, include copies of your claim documentation, your demand letter, and a chronological summary of the insurer’s failure to respond. The DFS will assign an investigator who will contact your insurer directly and request a response.
A DFS complaint alone often breaks the logjam. Insurance companies take regulatory inquiries seriously because repeated violations can affect their license to operate in Florida.
Step 4: Consult a Florida Insurance Attorney
If your insurer still does not respond after your demand letter and DFS complaint — or if they respond with a lowball offer or bad faith denial — it is time to hire an attorney who specializes in Florida insurance claims.
Under Florida law, an attorney can:
- Evaluate whether your insurer’s conduct rises to the level of statutory bad faith
- Send a Civil Remedy Notice under Florida Statute §624.155, which is a prerequisite to filing a bad faith lawsuit and gives the insurer 60 days to cure
- Pursue additional damages beyond your policy limits if bad faith is established
- Handle litigation while you focus on repairing your home and your life
Many Florida insurance attorneys work on contingency, meaning you pay nothing upfront and the attorney only collects a fee if they recover money on your behalf.
When Silence Becomes Bad Faith
In Florida, bad faith is not just a concept — it is a cause of action with statutory teeth. Under Florida Statute §624.155, an insurer acts in bad faith when it fails to attempt in good faith to settle a claim when, under all the circumstances, it could and should have done so.
An insurer’s failure to respond to your claim within the statutory deadlines is strong evidence of bad faith. But proving bad faith requires more than just showing the insurer was slow. You need to demonstrate that:
- The insurer had an obligation to act (which they do once you file a valid claim)
- They failed to meet their statutory obligations without justification
- Their failure caused you harm — additional property damage from delayed repairs, out-of-pocket expenses, emotional distress, or other consequential damages
If bad faith is established, the damages can be substantial. Florida courts can award the full value of your claim, consequential damages, attorney fees, court costs, and in some cases additional penalties.
Critical Deadlines You Cannot Miss
While your insurer has obligations, you have deadlines too. Missing them can jeopardize your entire claim.
Proof of Loss. If your policy requires a sworn proof of loss, you typically must submit it within 60 days of the insurer’s request. Do not ignore this requirement even if the insurer is ignoring you.
Statute of Limitations. Under Florida Statute §95.11, you generally have five years from the date of loss to file a breach of contract lawsuit against your insurer. However, waiting that long is almost never advisable — evidence deteriorates, memories fade, and damage worsens.
Notice of Claim. Most Florida policies require you to report damage promptly. If you have not yet filed a formal claim, do so immediately — delays in reporting can give insurers grounds to reduce or deny coverage.
Civil Remedy Notice. Before filing a bad faith lawsuit, you must file a Civil Remedy Notice with the DFS and give the insurer 60 days to respond. This procedural requirement is mandatory, and skipping it will get your bad faith case dismissed.
Do Not Let Silence Win
Insurance companies know that delay works in their favor. Every week that passes, you are more likely to accept a lowball offer, pay for repairs out of pocket, or simply give up. That is the strategy.
Florida law exists specifically to prevent this. The statutory deadlines, the DFS complaint process, and the bad faith cause of action are tools designed to hold insurers accountable when they refuse to do their job.
If your Florida insurance company is not responding to your storm damage claim, do not wait and hope they will come around. Document your communications, send a certified demand letter referencing the specific statutes they are violating, file a DFS complaint, and consult an attorney. The law is on your side — but only if you act on it.
Your Insurance Company’s Silence Is a Strategy — Don’t Let It Work
Insurance companies know that delay works in their favor. Every week that passes, you are more likely to accept a lowball offer or give up entirely. Florida law provides powerful tools to force your insurer to respond — but only if you act on them. Experienced property damage attorneys can send demand letters, file DFS complaints, and pursue bad faith claims on your behalf.
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