THE STATUTE OF LIMITATIONS FOR FLORIDA HOMEOWNERS CLAIMS

In this past legislative session, the Florida Legislature once again “reformed” parts of the insurance code. Reform, for the benefit of our poor insurance companies...Anyway, there is one part of the new law that I think needs mention. The statute of limitations to file a lawsuit if a homeowner has a claim that stems from a sinkhole (yes you non-Floridians, in Florida, a sinkhole can just open up and swallow your house!). Has been shortened from 5 years to 2 years. A lawsuit arising from a claim for a hurricane loss must now be brought within 3 years after the hurricane. Also, the statute of limitations for lawsuits arising from other types of insurance breach of contract claims will now be 5 years from the date of the damage, where it was formerly 5 years from the date that the insurance company denied the claim in whole or in part. These statute of limitations changes will definitely affect many folks who, although more and more frustrated they don’t want to hire and attorney, nor a public adjuster. (I don’t blame them when it comes to public adjusters, I can tell you stories……).Those folks will jerk around with the insurance company, and the statute of limitations to go to court can run without them ever knowing it.