Ch 4 · Dispute Resolution
Module 4.5
Time Limits You Must Know
1-year notice. 18-month supplemental. 7/30/60-day carrier clock. EUO deadlines.
8 min read
What you'll learn
The deadlines that kill claims. Carrier deadlines that create leverage. The PA's calendar discipline.
4.5.1 The big four
| Deadline | Trigger | Statute |
|---|---|---|
| 1 year | Initial notice of loss | § 627.70132 |
| 18 months | Supplemental / reopened claim | § 627.70132 |
| 5 years | Lawsuit (general SOL on contract) | § 95.11 |
| 60 days (CRN cure) | After CRN filed | § 624.155 |
Miss the 1-year? Claim is barred. Period.
4.5.2 Notice of loss — 1 year
Trigger
Date of loss (or when policyholder knew or should have known).
Required by
§ 627.70132 (post-SB 2A, Dec 16, 2022).
What counts as "notice"
Written notice to insurer of the claim. Phone call alone may not satisfy. Email + claim assignment with claim # = solid notice.
Strategy
Notice within 30 days, not 365. Earlier notice = stronger claim. Delayed notice triggers carrier's "delayed notice prejudice" defenses.
Hurricane / named-storm losses
Same 1-year window applies post-SB 2A. Earlier reforms had different deadlines — outdated info still circulating. Use 1-year now.
4.5.3 Supplemental / reopened claims — 18 months
Trigger
Supplemental claim or reopening (newly discovered damage, scope expansion).
Required by
§ 627.70132.
What counts
- Hidden damage discovered later
- Code upgrades not initially recognized
- Mold blooming after water repair
- Long-term consequential damage
Strategy
File supplementals proactively when scope grows. Don't wait. The 18-month window starts at original loss date, not at new discovery.
4.5.4 Sworn Proof of Loss — 60 days (carrier)
Carrier's deadline post-POL
After completed sworn POL, carrier has 60 days to pay or deny per § 627.70131.
Strategy for PA
Submit sworn POL early — even before all documentation complete. This starts the carrier's 60-day clock. They cannot drag indefinitely once POL is in.
Common mistakes
- Waiting to submit POL until "all docs ready"
- Not getting POL notarized
- Incomplete forms
4.5.5 Carrier deadlines (creates leverage)
| Carrier action | Deadline | Statute |
|---|---|---|
| Acknowledge claim | 14 days | § 627.70131(1) |
| Begin investigation | 14 days from notice | § 627.70131(1) |
| Substantive response | 30 days from POL | § 627.70131(5)(a) |
| Pay / deny / advise | 60 days from POL | § 627.70131(5) |
| Inspection completion | 30 days from POL | § 627.70131(3) |
| Provide documents requested | 30 days | § 627.70131 |
Each deadline missed = leverage for PA + attorney. Document every miss.
4.5.6 Civil Remedy Notice — 60 days
Triggered by
Filing § 624.155(3) CRN with DFS.
What happens
Carrier has 60 days to "cure" (pay full amount, fix conduct).
Strategy
Time CRN to maximize leverage. Filed too early = no leverage. Filed too late = lawsuit unstoppable.
Sweet spot: after carrier has had clear chance to pay + has refused, but before lawsuit needed.
4.5.7 Pre-suit notice — 10 business days
Triggered by
§ 627.70152 — pre-suit notice required before lawsuit.
What happens
Insurer has 10 business days to:
- Pay demand
- Counter-offer
- Decline
Strategy
Pre-suit notice + CRN often filed together. CRN runs 60 days, pre-suit runs 10 business days. Coordinate timing.
4.5.8 EUO + recorded statement — no statutory window
But policy may impose. Read the policy.
Typical
- Cooperate within "reasonable time"
- Specific date set by carrier
- 30-60 days notice typical
Strategy
Schedule with attorney pre-EUO. Never appear without legal counsel.
4.5.9 Appraisal — varies by policy
Most policies require:
- Demand within "reasonable time" of dispute
- Selection of appraiser within 10-15 days
- Umpire selection within 15-30 days
- Court appointment if no agreement
Read your policy's appraisal clause. Don't miss the demand window.
4.5.10 5-year contract SOL
§ 95.11(2)(b) — 5 years to file lawsuit on written contract. Insurance policies count.
Triggers
Date of breach (typically date of denial / underpayment / failure to pay POL).
Strategy
Track from POL submission, not loss date. Many PAs confuse — claim could be barred at 1-year (notice) but still timely at 5-year (lawsuit).
4.5.11 Bad-faith — 4 years (typically)
§ 95.11(3)(o) — 4 years from accrual.
Accrual after CRN cure period expires + carrier doesn't cure.
4.5.12 The PA's calendar discipline
For each claim, calendar:
- Day 1: Loss date — start 1-year and 18-month clocks
- Day 14: Notice deadline (in practice — fast notice = leverage)
- Day 30-60: Initial inspection + sworn POL
- Day 60-90: Carrier should have substantive response
- Day 90-120: Carrier should pay or deny
- Day 180: Recoverable depreciation deadline (if applicable per policy)
- Day 365: 1-year notice bar
- Day 540: 18-month supplemental bar
- Year 5: 5-year contract SOL
- Hurricane season + 5 years: Florida hurricane SOL stops
Tools
- Project management software (Trello, Asana, Notion)
- Claim management system (Kovrr, ClaimCenter, custom CRM)
- Calendar reminders 30/60/90 days before deadlines
- Daily log of carrier actions vs deadlines
No PA can survive without calendar discipline. Every deadline missed = client loss = PA liability.
4.5.13 Common time-limit mistakes
| Mistake | Cost |
|---|---|
| Treating loss date as 1-year SOL on lawsuit | Wrong — that's 5 years; 1-year is notice |
| Filing notice late "to gather evidence" | Notice now, evidence later |
| Letting POL drift | Carrier 60-day clock never starts |
| Missing 18-month supplemental window | Lost recovery for hidden damage |
| Late CRN filing | Bad-faith path foreclosed |
| EUO no-show | Coverage void |
| Settling without supplementals | Money on table |
| Missing 25% roof rule clock (if applicable) | Pre-2022 rule — verify status |
4.5.14 Action steps
- Day 1 of any claim: build full deadline calendar.
- Notice fast — within 14-30 days of loss.
- POL early — start carrier's 60-day clock.
- Track carrier deadlines — each miss is leverage.
- CRN strategically — when leverage maximizes.
- Pre-suit notice timed w/ CRN.
- 5-year SOL backup — even if 1-year notice passed, lawsuit may still be possible.
- Document everything daily — your file = your case.
Chapter 4 complete. Next chapter: 5.1 Water Loss Playbook.
Educational. Not legal advice. Specific deadlines + interpretations consult licensed FL attorney.