Ch 4 · Filing the Claim
Module 4.3
The 7 / 30 / 60 Day Clock
Carrier deadlines (post-SB 2A). Each one = leverage. What to do when they blow them.
10 min read
What you'll learn
The statutory deadlines Florida imposes on the carrier from the moment you give notice. How to use each as leverage. What to do when the carrier blows them.
These are the laws that move carriers. Most homeowners never use them. You will.
4.3.1 The carrier's clock — current law (post-SB 2A)
| Day | Carrier must… | Statute |
|---|---|---|
| Day 0 | Notice received. Interest accrues on unpaid amounts. | § 627.70131(7) |
| Day 7 | Acknowledge the claim communication. (Was 14 days pre-SB 2A.) | § 627.70131(1) |
| Day 14 | Provide Homeowner Claims Bill of Rights. | § 627.7142 |
| Day 30 (from complete POL) | Confirm coverage in full or part, deny, or state still investigating. | § 627.7142 |
| Day 7 (from carrier estimate generation) | Provide homeowner a copy of any detailed estimate carrier's adjuster generates. | § 627.7142 |
| Day 60 (from notice / complete POL) | Pay or deny the claim (initial, reopened, or supplemental). Provide written explanation if payment is less than carrier's own estimate. (Was 90 days pre-SB 2A.) | § 627.70131(7) |
Each deadline is a leverage point. Document compliance. Document violations. Both feed your file.
4.3.2 Day 7 — the acknowledgment
§ 627.70131(1): carrier has 7 calendar days to acknowledge any claim communication.
What "acknowledge" means:
- Confirm receipt of the notice
- Provide a claim number
- Identify the assigned adjuster (or commit to a window)
Acceptable formats: email, letter, portal message, phone w/ written follow-up.
If they miss Day 7:
- Document the violation in your timeline
- Send a written follow-up: "I provided notice on [date]. I haven't received acknowledgment per § 627.70131(1). Please confirm receipt."
- The violation goes in the file for later use (CRN, bad-faith setup)
4.3.3 Day 14 — Bill of Rights
§ 627.7142: within 14 days of initial communication, carrier must provide the Homeowner Claims Bill of Rights.
It's a one-page summary of the carrier's required acknowledgment, decision, and payment timelines (i.e., a summary of this entire module).
If you receive it: read it. File it. Confirms the deadlines apply.
If you don't receive it by Day 14: violation, document it.
4.3.4 Day 30 — coverage confirmation
§ 627.7142: after complete proof of loss, carrier must within 30 days confirm coverage:
- In full
- In part
- Deny
- Or state claim is still under investigation
This is not a payment deadline. It's a position deadline.
Carrier saying "still investigating" is acceptable as long as they're actually investigating + can demonstrate it later.
If Day 30 passes with no position: violation. Follow-up letter. Add to bad-faith file.
4.3.5 Day 60 — pay or deny
§ 627.70131(7): within 60 days of notice (or complete POL, depending on policy), carrier must pay or deny.
Limited exceptions:
- Documented investigation issues ("we are awaiting expert report")
- Failure of the insured to cooperate (didn't provide requested documents)
- Homeowner-caused delay (you missed an inspection, etc.)
The exceptions are narrow. Carrier must document them contemporaneously, not invent them after the fact.
If carrier blows Day 60 without payment, denial, or documented exception: this is the moment for CRN + bad-faith setup.
4.3.6 The 7-day estimate-share rule
§ 627.7142: if the carrier's adjuster generates a detailed estimate, the carrier must give you a copy within 7 days of generation.
Why this matters: carrier estimates are often the foundation for lowballs. You're entitled to see them quickly. Demand a copy if not received.
Common carrier delay tactic: generate the estimate, share only the summary number, withhold the line-item Xactimate detail. You're entitled to the full Xactimate sketch + line items. Demand it under § 627.7142 if not provided.
4.3.7 The interest clock
§ 627.70131(7): statutory interest accrues on unpaid amounts from the date of notice.
Currently a state-set rate updated quarterly. As of recent quarters, around 8–11% annualized.
Why this matters: every day the carrier delays beyond what's reasonable, statutory interest is piling up on whatever they eventually pay. This is real money for larger claims.
Tactical: if a claim is large + delayed, a precise demand letter referencing accrued statutory interest often produces movement. The carrier's adjusters know the math.
4.3.8 Tracking the clock
Build a simple table for every claim:
| Event | Date | Statute | Status |
|---|---|---|---|
| Notice given | [Date] | § 627.70131(1) — Day 0 | ✓ |
| Carrier acknowledged | [Date or "not received"] | Day 7 deadline | ✓ / ✗ |
| Bill of Rights received | [Date or "not received"] | Day 14 deadline | ✓ / ✗ |
| Adjuster inspection | [Date] | n/a | ✓ |
| Carrier's estimate received | [Date] | 7 days from generation | ✓ / ✗ |
| Complete POL submitted | [Date] | n/a | ✓ |
| Coverage position received | [Date] | 30 days from POL | ✓ / ✗ |
| Pay/deny decision | [Date] | 60 days from POL | ✓ / ✗ |
Every "✗" is a documented violation. Add to your CRN draft.
4.3.9 What to do when the carrier blows a deadline
Step 1: Document. Note the missed deadline in your timeline.
Step 2: Written follow-up. Reference the statute. Request immediate compliance.
Subject: Statutory Deadline — Claim # [X]
I provided written notice of loss on [Date]. Pursuant to
§ 627.70131([subsection]), the carrier was required to [X] by
[Deadline date]. As of [today's date], [X] has not been provided.
Please provide [X] immediately, or state in writing the basis for
the delay.
Step 3: Wait the carrier-cure window (usually 5-10 business days for most issues).
Step 4: If still not cured: consider Civil Remedy Notice under § 624.155. Detail in Module 7.6.
Step 5: Add violation to bad-faith file for potential later action under § 624.1551.
4.3.10 Common carrier delay tactics
"Still investigating"
Acceptable per statute — but the carrier must actually be investigating. Demand specifics: who, what, when. Lack of specifics = the "investigation" is fake.
"We need additional documents"
OK — they can request. But § 627.70131(5)(b) gives you 10 days to respond. Once you respond, the carrier's clock resumes.
If they re-request the same documents repeatedly: documentation tactic. Note it, push back in writing.
"Working with our engineer"
Engineers retained by carriers take weeks. Reasonable some delay; unreasonable indefinite delay. After 30+ days of "engineer review," demand a status + completion date in writing.
"We need to schedule another inspection"
OK once. Twice = unusual. Three+ = stalling. Document each, push back on duplicative inspections.
4.3.11 Action steps
- Build the tracking table (4.3.8) for your active claim.
- Calendar every deadline the day notice is given.
- The day a carrier blows a deadline: write the follow-up letter.
- The week a carrier blows two deadlines: consider CRN.
- Save all carrier communications. They're your bad-faith file.
Next: 4.4 Adjuster Types — Staff, IA, Desk, Field.
Educational. Not legal advice. Florida claim deadlines were materially shortened by SB 2A (Dec 16, 2022). Verify against current Florida Statutes before relying on specific deadlines.