Filing a home insurance claim can be a complex process. To help homeowners navigate this, Florida requires insurance companies to provide a document called the Homeowner Claims Bill of Rights within 14 days of receiving a claim.
What protections does it give to homeowners?
The Bill of Rights provides several important protections:
- Timely acknowledgment: Your insurance company must acknowledge your claim within 14 days of you reporting it.
- Prompt claim status: Upon your written request, the insurer must inform you within 30 days whether they can fully cover, partially cover or deny your claim. They must also let you know if it is still under investigation.
- Timely settlement: Within 90 days of receiving proof of loss, the insurer must provide full payment, payment of the undisputed portion or a denial of your claim.
- Interest payments: Your insurer must pay interest on your claim amount if they fail to meet the 90-day deadline.
- Free mediation: In most cases, you have the right to free mediation of disputed claims through the Florida Department of Financial Services.
These protections aim to ensure insurers handle your claim promptly and fairly, giving you peace of mind during a stressful time.
What are its limitations?
The Florida Homeowner Claims Bill of Rights is helpful, but it has some limits. Here’s what you need to know:
- Limited scope: The Bill only covers residential property insurance policies, not other types of insurance. It doesn’t give you new legal rights to sue your insurance company.
- Timelines are not set in stone: While it sets timelines for insurance companies to respond to you, these might change in extreme situations, like after a big hurricane.
- Not a policy replacement: The Bill is a good summary of your rights during a claim, but it doesn’t replace your full insurance policy. There might be important details in your policy that aren’t in the Bill of Rights.
Insurance claims can be complicated. If you’re facing a claim denial, disagreeing about damage costs or dealing with issues like sinkholes or severe water damage, you may need to seek legal counsel.
Find the guidance you need
Each homeowner’s situation is unique, and sometimes, the claims process doesn’t go as smoothly as it should. If you’re struggling with your claim or feeling lost in the process, talking to an attorney can help.