A delayed homeowners insurance claim creates more than frustration. While the insurer investigates, a leaking roof may continue damaging the interior, displaced families may incur additional living expenses (ALE), and contractors may demand payment.
Florida law imposes deadlines on residential property insurers—but a deadline does not automatically produce a fair payment. Homeowners must continue documenting the damage, answering legitimate requests, and protecting their rights.
This article explains what a Florida homeowner can do when an insurance company keeps saying the claim is “still under review.”
Article 3 of 10 — Florida Property Damage Claims
If your claim was denied rather than delayed, read Florida Home Insurance Claim Denied: What Now?. For loss-reporting deadlines, read Florida Home Insurance Claim Deadlines.
How Long Does a Florida Insurance Company Have?
Under F.S. §627.70131, residential property insurers generally must satisfy several claim-handling deadlines.
Florida claim-handling timeline
| Event | General deadline | What the homeowner should preserve |
|---|---|---|
| Insurer receives a claim communication | 7 calendar days to review and acknowledge it | Email, portal confirmation or claim number |
| Insurer receives a proof of loss | 7 days to begin a reasonably necessary investigation | Proof of loss and delivery confirmation |
| Physical inspection is required | Generally within 30 days after receipt of the proof of loss | Inspection date, adjuster’s name and license number |
| Insurer’s adjuster generates a detailed estimate | Copy generally due within 7 days after generation | Every estimate and revision |
| Insurer receives notice of an initial, reopened or supplemental claim | Generally 60 days to pay or deny all or part of the claim | Claim acknowledgment showing the notice date |
The insurer’s 60-day decision must generally include a reasonable written explanation tying its payment, denial or partial denial to the policy, facts or applicable law.
If the insurer’s payment is lower than its own detailed estimate, the statute also requires a reasonable written explanation of the difference.
Does the 60-Day Rule Guarantee Payment?
No. The statute generally requires the insurer to pay or deny the claim—or a portion of it—within 60 days. It does not require the insurer to accept the homeowner’s estimate or pay every requested item.
The deadline may also be extended or paused in limited circumstances.
Events that may affect the deadline
The statutory period may be affected by:
A declared emergency, qualifying cybersecurity event or information-technology issue addressed by an order from the Florida Office of Insurance Regulation;
Fraud, intentional misrepresentation or lack of cooperation that reasonably prevents the insurer from completing its work;
Pending mediation or another contractual alternative-dispute process; or
Failure to provide material claim information within 10 days after a qualifying insurer request.
A request for information (RFI) does not mean a homeowner should blindly produce everything demanded. But ignoring legitimate requests can give the insurer an argument that the investigation was delayed by the policyholder.
Warning Signs That a Claim May Be Improperly Delayed
Not every slow claim is mishandled. Complex hurricane, plumbing, mold or roof claims may require engineering, moisture testing, multiple inspections and coverage analysis.
Nevertheless, these patterns deserve attention:
- Calls and emails repeatedly go unanswered.
- Different adjusters continually restart the investigation.
- The insurer requests the same records multiple times.
- No one explains which documents remain outstanding.
- An inspection occurs, but the homeowner never receives the adjuster’s estimate.
- The insurer issues small partial payments without explaining what remains under review.
- The adjuster attributes delay to an “expert report” without identifying the expert or status.
- The insurer asks for documents unrelated to the claimed loss.
- The claim passes 60 days without a meaningful written coverage decision.
Not every delay is unlawful. Complex losses may require engineering inspections, recorded statements, repair estimates, examinations under oath, or review of pre-loss records.
The central questions are whether the insurer is acting within the policy and Florida law—and whether the homeowner is complying with legitimate post-loss obligations.
Florida Statute §626.9541(1)(i)identifies unfair claim-settlement practices that include failing to acknowledge and act promptly on claim communications, failing to conduct reasonable investigations, and failing to explain requested information or coverage decisions.
Some statutory provisions require proof of a general business practice, and a missed deadline does not automatically establish an individual lawsuit. Florida law also states that violation of the 60-day payment-or-denial provision cannot, by itself, serve as the sole basis for a private cause of action.
What Should You Do When the Claim Stalls?
1. Build a written claim chronology
Create one timeline containing:
- Date and time the loss occurred
- Date the claim was reported
- Claim number
- Adjuster names and license numbers
- Inspection dates
- Documents requested and supplied
- Estimates received
- Payments issued
- Calls, emails and unanswered follow-ups
Do not rely exclusively on the insurance company’s portal. Download documents and preserve independent copies.
In Hypoluxo Mariner’s Cay Condominium Association, Inc. v. Underwriters at Lloyd’s London, No. 4D2024-2250 (Fla. 4th DCA 2026), the insured alleged that the insurer failed to make a timely coverage decision, demanded an investigation not required by the policy, and delayed denying the claim until after the contractual limitations period had expired.
The Fourth District reversed dismissal. It concluded that the allegations, if proven, could support equitable avoidance of the limitations defense. The court did not enter judgment for the insured on the merits; it held that the case should not have been dismissed at the pleading stage.
The decision illustrates an important point: documented insurer conduct may affect defenses based on an expired deadline, particularly when the homeowner alleges that the insurer’s own conduct prevented timely filing. It also notes that Florida later shortened the statutory coverage-decision period to 60 days.
2. Request a written status explanation
Send a concise written request asking:
- Has coverage been accepted, denied or partially accepted?
- What portions remain under investigation?
- What specific information is still required?
- Why is that information necessary?
- Have any estimates or expert reports been completed?
- What is the anticipated decision date?
Avoid emotional accusations. A focused written record is usually more useful than repeated telephone calls.
3. Complete legitimate post-loss obligations
Most policies require the insured to protect the property from additional damage, document the loss, show the damaged property, provide requested records and sometimes submit a sworn proof of loss (SPOL) or examination under oath (EUO).
Failure to cooperate may delay the claim or create a coverage defense. Before signing a sworn statement or attending an examination under oath, consider obtaining legal advice.
4. Continue documenting the damage
Photograph and video:
- Active leaks
- Water staining
- Damaged roofing or exterior components
- Moisture readings
- Removed materials
- Temporary repairs
- Damaged contents
- Worsening conditions
Keep invoices, receipts and contracts for emergency services and temporary repairs. Do not discard material evidence unless necessary for safety, and document it before removal.
5. Compare the insurer’s estimate to the actual damage
A partial payment does not necessarily mean the claim is finished. Compare the insurer’s estimate with contractor proposals, photographs, engineering findings and the policy’s deductible, exclusions and coverage limits.
The insurer must include statutory language when providing preliminary estimates or payments that are not full and final. Those notices are important: they may confirm that additional benefits remain under consideration.
Escalation Roadmap for a Delayed Claim
| Stage | Recommended action | Primary objective |
|---|---|---|
| 1. Document | Organize the policy, photographs, estimates and communications | Establish what happened and when |
| 2. Demand clarity | Request a written status and list of outstanding information | End vague “still reviewing” responses |
| 3. Supplement | Submit missing evidence and a documented damage estimate | Give the insurer a complete record |
| 4. Escalate | Consider a DFS complaint, mediation or legal review | Move the claim toward resolution |
| 5. Enforce | Evaluate presuit requirements and litigation | Protect contractual remedies |
Can Florida Homeowners Request Mediation?
Florida provides a nonbinding property-insurance mediation program under Florida Statute §627.7015.
The program is intended to provide a less adversarial method of resolving claim disputes. The insurer generally bears the mediation-conference cost, and the homeowner may be represented by counsel.
If the parties reach a written settlement, the policyholder generally has three business days to rescind it—unless the homeowner has already cashed or deposited a settlement check issued from the mediation. A binding release can terminate the disputed claim, so review the proposed settlement carefully before accepting funds.
What About Filing a Lawsuit?
Litigation should not be the first automatic response to every delay. Before filing a property-insurance lawsuit, the policy, evidence, coverage issues, damages and applicable presuit requirements should be analyzed.
Florida Statute §627.70152 generally requires a claimant to submit a notice of intent (NOI) to initiate litigation at least 10 business days before filing suit. The insurer then has specified response options and deadlines.
A lawsuit filed without satisfying an applicable condition precedent may be dismissed without prejudice.
A routine delay also should not automatically be labeled “bad faith.” Florida’s bad-faith statute contains separate elements, notice procedures and cure opportunities. A breach-of-contract dispute and a statutory bad-faith claim are not necessarily the same case or ripe at the same time.
Frequently Asked Questions
Is the insurer automatically liable if it misses 60 days?
Not necessarily. A late payment may bear statutory interest, but the statute expressly provides that missing the deadline cannot serve as the sole basis for a private cause of action.
Should I stop making repairs while the claim is pending?
You should take reasonable measures to prevent additional damage. Before permanent repairs, document the conditions and give the insurer a reasonable opportunity to inspect when possible. Emergency safety measures should not be postponed merely to preserve evidence.
Can the insurer keep asking for documents?
The insurer may request material information reasonably needed to investigate the loss. It should clearly explain what it needs and why. Repetitive, irrelevant or unexplained requests should be addressed in writing.
Should I cash a partial-payment check?
Read the check, accompanying letter and any proposed release carefully. Depositing an undisputed partial payment is different from accepting a negotiated full-and-final settlement. Obtain advice if the language is unclear.
Do Not Let “Still Under Review” Become the Final Answer
A homeowner cannot force an immediate favorable coverage decision. But the homeowner can create a complete record, comply with legitimate obligations, demand written explanations and take appropriate action when statutory or policy deadlines pass.
Delay often favors the party controlling the money. Documentation helps restore balance.
Call Attorney Shah About Your Delayed Florida Claim
If your Florida homeowners insurance claim has been delayed, denied or underpaid, call Attorney Shah today at 754-888-2726 for a free case evaluation.
To learn more check out Aram Shah’s book, How to Make Your Insurance Company Pay: The Complete Homeowner’s Guide to Winning Denied, Delayed, and Underpaid Property Damage Claims, for a deeper explanation of the property-claim process and how to fight back against your insurance carrier.
This article provides general educational information and is not legal advice. Coverage and available remedies depend on the policy, date of loss, claim history, applicable law, and individual facts.