Claim Notice Pack (Policyholder) - Florida

CLAIM NOTICE PACK (POLICYHOLDER) — FLORIDA

Practice Note — CRITICAL 2022-2023 TORT REFORM CHANGES: Florida's insurance litigation landscape was substantially altered by SB 2-A (effective December 16, 2022) and HB 837 (effective March 24, 2023). Key changes include: (1) the statute of limitations for filing property insurance claims was reduced from 2 years to 1 year from the date of loss; (2) one-way attorney fees were eliminated for most insurance disputes; (3) the fee multiplier was eliminated; (4) the civil remedy notice (CRN) pre-suit requirement under Fla. Stat. § 624.155 was modified — a bad faith action now requires a final adverse judgment against the insurer; and (5) assignment of benefits (AOB) was eliminated for residential property claims. Practitioners must carefully evaluate whether claims are governed by pre-reform or post-reform law based on the policy effective date and date of loss. Florida requires 14-day acknowledgment for property claims, 7-day investigation commencement, and has specific handling timelines under Fla. Stat. § 627.70131.

DOCUMENT 1: INITIAL CLAIM NOTICE LETTER

[INSURED LETTERHEAD]

[__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]

Claims Department
[________________________________] (Carrier Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)

Re: Notice of Claim / Notice of Occurrence
Policy No.: [________________________________]
Policy Type: [________________________________] (e.g., Homeowners, CGL, Property, D&O, EPLI, Auto)
Policy Period: [__/__/____] to [__/__/____]
Named Insured: [________________________________]
Date of Loss / Occurrence: [__/__/____]
Claim No. (if assigned): [________________________________]

Dear Claims Department:

This letter constitutes formal written notice of a claim and/or occurrence under the above-referenced policy, submitted on behalf of [________________________________] ("Insured"). This notice is provided pursuant to the policy's notice provisions and all applicable Florida law, including the Florida Insurance Code (Fla. Stat. Title XXXVII).

IMPORTANT — TIMELINESS: This notice is filed within the statutory time limits. Under Fla. Stat. § 627.70131(1)(a), a property insurance claim (other than a supplemental claim) is barred unless notice is given within one (1) year after the date of loss (for policies issued or renewed after December 16, 2022). The Insured's date of loss is [__/__/____], making this notice timely filed.

1. Description of the Loss or Occurrence

Date of Loss / Occurrence: [__/__/____]

Location of Loss: [________________________________]

Description of Incident:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Parties Involved / Claimant(s):

• [________________________________]
• [________________________________]
• [________________________________]

Type of Loss (check all that apply):

• ☐ Hurricane / tropical storm damage
• ☐ Wind damage
• ☐ Water damage / flood (NFIP vs. private flood)
• ☐ Fire damage
• ☐ Sinkhole / catastrophic ground cover collapse
• ☐ Bodily injury / personal injury
• ☐ Third-party liability claim / lawsuit
• ☐ Employment practices claim
• ☐ Directors & officers claim
• ☐ Professional liability / E&O claim
• ☐ Business interruption / loss of income
• ☐ Auto / vehicle accident
• ☐ Theft / vandalism
• ☐ Other: [________________________________]

Suit or Demand Received: ☐ Yes ☐ No
If yes, date received: [__/__/____]
Court/agency: [________________________________]
Case number: [________________________________]

2. Policy Identification and Coverage Trigger

Coverage Trigger Statement:

• ☐ The occurrence took place on [__/__/____], within the policy period.
• ☐ The claim was first made against the Insured on [__/__/____], within the policy period.
• ☐ The Insured became aware of circumstances reasonably likely to give rise to a claim on [__/__/____].

Pre-Reform vs. Post-Reform Determination:

• ☐ Policy issued or renewed before December 16, 2022 — pre-SB 2-A law may apply (2-year notice deadline, one-way attorney fees available)
• ☐ Policy issued or renewed on or after December 16, 2022 — post-SB 2-A law applies (1-year notice deadline, no one-way attorney fees)

3. Additional Policies That May Apply

Notice is being provided simultaneously to all potentially applicable carriers. This notice does not constitute an election regarding priority of coverage.

4. Requests

The Insured requests the following:

☐ Claim Number and Adjuster Assignment — Please assign a claim number and adjuster and provide contact information within 14 calendar days as required by Fla. Stat. § 627.70131(5)(a).

☐ Complete Copy of Policy — Please provide a complete copy of the policy, including all endorsements and declarations.

☐ Defense and Indemnity — The Insured tenders defense and requests indemnification under the policy.

☐ Advancement of Defense Costs — If applicable, the Insured requests advancement of defense costs.

☐ Written Coverage Position — Please provide a written determination within the statutory timeframe under Fla. Stat. § 627.70131.

5. Florida Statutory Timeline Notification

The Insured respectfully reminds the carrier of Florida's statutory claim-handling timeline:

6. Cooperation and Preservation

The Insured will cooperate fully with the investigation. The Insured requests:

• Preservation of all documents and communications related to this claim
• All coverage communications in writing
• No destruction of any materials related to this policy or claim

7. Reservation of Rights (Insured)

The Insured expressly reserves all rights, remedies, and defenses under the policy and under Florida law, including but not limited to:

• The right to challenge any reservation of rights or coverage defense
• The right to pursue civil remedies under Fla. Stat. § 624.155 (subject to pre-suit requirements)
• The right to challenge any application of post-reform provisions to pre-reform policies
• The right to pursue breach of contract remedies
• The right to file a complaint with the Florida Department of Financial Services

Nothing herein constitutes a waiver of any right of the Insured.

8. Delivery Confirmation

This notice is sent via:

• ☐ Certified mail, return receipt requested (Tracking No.: [________________________________])
• ☐ Email to: [________________________________]
• ☐ Carrier claims portal (Confirmation No.: [________________________________])
• ☐ Hand delivery (Date/time: [________________________________])
• ☐ Overnight courier (Tracking No.: [________________________________])

Date of transmission: [__/__/____]

Sincerely,

________________________________________
[________________________________] (Name)
[________________________________] (Title)
[________________________________] (Company/Insured Entity)
[________________________________] (Address)
[________________________________] (Phone)
[________________________________] (Email)

cc: [Coverage Counsel, if any]

DOCUMENT 2: SWORN PROOF OF LOSS

SWORN STATEMENT IN PROOF OF LOSS

State of Florida
County of [________________________________]

The undersigned, being duly sworn, states:

Claimant and Policy Information

Loss Information

Ownership and Interest

The insured property was owned by: [________________________________]

The insured's interest in the property was: ☐ Owner ☐ Tenant ☐ Mortgagee ☐ Other: [________________________________]

At the time of loss, the property was occupied by: [________________________________]

Changes in title, use, or occupancy since policy inception: ☐ None ☐ Describe: [________________________________]

Encumbrances and Liens

Other Insurance

Flood Insurance (NFIP or Private):
| Carrier | Policy No. | Coverage A (Building) | Coverage B (Contents) |
|---|---|---|---|
| [________________] | [________________] | $[________] | $[________] |

Itemization of Loss

Additional Amounts Claimed

Sworn Declaration

The above statements are true and correct to the best of my knowledge and belief. I understand that any material misstatement or concealment in this proof of loss may void coverage under the policy and may constitute insurance fraud under Fla. Stat. § 817.234. I have not misrepresented, concealed, or omitted any material fact. I submit this proof of loss without waiving any rights under the policy or Florida law.

Under penalties of perjury, I declare that I have read the foregoing and the facts stated therein are true and correct.

________________________________________
Signature of Insured / Authorized Representative

[________________________________] (Printed Name)
[________________________________] (Title)

Date: [__/__/____]

Notarization

State of Florida
County of [________________________________]

The foregoing instrument was sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this [____] day of [________________], 20[____], by [________________________________], who is ☐ personally known to me or ☐ produced [________________________________] as identification.

________________________________________
Notary Public Signature

Printed Name: [________________________________]
My Commission No.: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

Supporting Documentation Checklist

☐ Photographs / video of damage (before and after mitigation)
☐ Police report / fire report / incident report (Report No.: [________________])
☐ Repair estimates from licensed Florida contractors (minimum two)
☐ Receipts and invoices for emergency repairs and mitigation
☐ Inventory of damaged or lost personal property with values
☐ Proof of ownership (receipts, appraisals, photos)
☐ Emergency declaration or executive order (if applicable)
☐ FEMA damage assessment (if declared disaster)
☐ Medical bills and records (if bodily injury)
☐ Income documentation for business interruption claims
☐ Lease or mortgage statements
☐ Prior inspection / 4-point inspection / wind mitigation report
☐ Sinkhole testing report (if applicable — Fla. Stat. § 627.7073)
☐ Correspondence with the insurer
☐ Other: [________________________________]

DOCUMENT 3: FOLLOW-UP DEMAND FOR CLAIM ACKNOWLEDGMENT

[INSURED LETTERHEAD]

[__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]

Claims Department
[________________________________] (Carrier Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)

Re: DEMAND FOR ACKNOWLEDGMENT AND COMPLIANCE — OVERDUE RESPONSE
Policy No.: [________________________________]
Insured: [________________________________]
Date of Loss: [__/__/____]
Date of Initial Notice: [__/__/____]
Claim No.: [________________________________] (if assigned)

Dear Claims Department:

On [__/__/____], the undersigned submitted formal notice of a claim under the above-referenced policy. As of today, [____] calendar days have elapsed since that notice, and the Insured has not received:

• ☐ Written acknowledgment of the claim
• ☐ Assignment of a claim number and adjuster
• ☐ Commencement of an investigation
• ☐ A copy of the policy as requested
• ☐ A written coverage determination

Statutory Violations

This failure to respond violates multiple provisions of Florida law:

1. Fla. Stat. § 627.70131(5)(a): Within 14 calendar days after receiving a property insurance claim, the insurer shall review and acknowledge receipt of the claim unless payment is made within that period. Your failure to acknowledge within 14 days is a statutory violation.

2. Fla. Stat. § 627.70131(5)(a): Within 7 calendar days after receipt of a written proof-of-loss statement, the insurer shall begin an investigation of the claim.

3. Fla. Stat. § 627.70131(5)(b): Within 90 calendar days after receiving notice of the initial claim, the insurer shall pay or deny the claim or a portion of the claim.

4. Fla. Stat. § 626.9541(1)(i): Unfair claims settlement practices include:

• Failing to adopt and implement reasonable standards for the prompt investigation of claims (subd. 3(b))
• Not attempting in good faith to effectuate prompt, fair, and equitable settlements when liability is reasonably clear (subd. 3(c))
• Compelling insureds to institute litigation by offering substantially less than ultimately recovered (subd. 3(d))
• Failing to promptly provide a reasonable explanation for denial of a claim (subd. 3(f))

Demand

The Insured hereby demands that within ten (10) calendar days of your receipt of this letter, you:

1. Provide written acknowledgment of the claim with an assigned claim number
2. Identify the assigned adjuster with direct contact information
3. Commence investigation as required under Fla. Stat. § 627.70131(5)(a)
4. Provide a complete copy of the policy, including all endorsements
5. Confirm the timeline for the coverage determination

Notice of Intent to File DFS Complaint

If the Insured does not receive a substantive response within the time specified above, the Insured intends to file a formal complaint with the Florida Department of Financial Services:

Florida Department of Financial Services
Division of Consumer Services
200 East Gaines Street
Tallahassee, FL 32399-0322
Consumer Helpline: 1-877-693-5236 (1-877-MY-FL-CFO)
Local: (850) 413-3140
Email: [email protected]
Online Complaint Portal: https://apps.fldfs.com/eservice/

The Insured also reserves the right to pursue all remedies available under Florida law, including civil remedies under Fla. Stat. § 624.155 (subject to applicable pre-suit requirements and the requirement for a final adverse judgment under post-reform law).

Sincerely,

________________________________________
[________________________________] (Name / Title)
[________________________________] (Insured Entity)
[________________________________] (Contact Information)

DOCUMENT 4: DOCUMENT PRODUCTION COVER LETTER

[INSURED LETTERHEAD]

[__/__/____]

[________________________________] (Adjuster Name)
[________________________________] (Carrier Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)

Re: Document Production — Claim No. [________________________________]
Policy No.: [________________________________]
Insured: [________________________________]
Date of Loss: [__/__/____]

Dear [________________________________]:

Enclosed please find documents in support of the above-referenced claim. Please confirm receipt in writing. Note that the 90-day statutory deadline under Fla. Stat. § 627.70131(5)(b) continues to run from the date of the initial notice.

Document Index

Total Documents Enclosed: [____]
Total Pages: [____]

Privilege Log (if applicable)

Requests

1. Please confirm receipt of the enclosed documents in writing
2. Please advise if any additional documentation is needed
3. Please provide a timeline for review and coverage determination
4. Do not contact third parties identified herein without notifying Insured's counsel

The production of these documents does not waive any privilege, right, or defense.

Sincerely,

________________________________________
[________________________________] (Name / Title)
[________________________________] (Insured Entity)

Enclosures: As indexed above

DOCUMENT 5: NOTICE TO ALL POTENTIALLY LIABLE INSURERS

[INSURED LETTERHEAD]

[__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________] (Carrier Name)
Claims Department
[________________________________] (Address)
[________________________________] (City, State, ZIP)

Re: Notice of Claim — Multiple Policies May Apply
Insured: [________________________________]
Date of Loss / Occurrence: [__/__/____]

Dear Claims Department:

This letter constitutes formal notice under each policy identified below. Multiple policies may provide coverage for the loss described herein. This notice is sent simultaneously to all potentially applicable carriers.

Policies Noticed

Description of Loss

[Incorporate by reference or repeat the loss description from Document 1.]

Special Considerations for Florida Multiple-Policy Claims

Hurricane / Named Storm Deductibles: If the loss involves a named storm, determine which deductible applies to each policy and whether multiple deductibles are required.

Flood vs. Wind Allocation: If the loss involves both wind and water damage, each carrier's policy must be analyzed for the allocation between covered perils. Florida property claims frequently involve disputes over wind vs. water causation.

"Other Insurance" Clauses: This simultaneous notice does not constitute an election regarding priority. The Insured does not waive any right to full indemnification under any applicable policy.

Requests to Each Carrier

Each carrier receiving this notice is requested to:

1. Acknowledge receipt within 14 calendar days per Fla. Stat. § 627.70131(5)(a)
2. Assign a claim number and adjuster
3. Provide a complete copy of the applicable policy
4. Provide a written coverage position within the statutory deadline
5. Identify any "other insurance" clause and its position on priority

The Insured reserves all rights under each policy and under Florida law.

Sincerely,

________________________________________
[________________________________] (Name / Title)
[________________________________] (Insured Entity)

cc: All carriers listed above; coverage counsel

DOCUMENT 6: CLAIMS DIARY / TIMELINE TEMPLATE

Florida Statutory Deadlines Reference

Claims Activity Log

Bad Faith Documentation Tracker

Record each instance of carrier conduct that may support a civil remedy action:

Key Unfair Practices Under Fla. Stat. § 626.9541(1)(i)3:

• (a) Misrepresenting pertinent policy provisions to claimants
• (b) Failing to adopt reasonable standards for prompt investigation
• (c) Not attempting good faith settlement when liability is reasonably clear
• (d) Compelling litigation by offering substantially less than ultimately recovered
• (f) Failing to promptly provide a reasonable explanation for denial
• (g) Failing to affirm or deny coverage within a reasonable time

DOCUMENT 7: COMMON CLAIM TYPES ADDENDA

Addendum A — Property Damage Claims Checklist (Florida-Specific)

☐ Date and cause of damage identified
☐ Emergency mitigation documented (water extraction, tarping, board-up, mold prevention)
☐ Building and contents inventoried with pre-loss values
☐ At least two repair/replacement estimates from licensed Florida contractors
☐ Proof of ownership for high-value items
☐ Hurricane deductible calculated — separate percentage deductible applies for named storms
☐ Wind vs. water damage documented separately — critical for causation disputes
☐ Code upgrade costs estimated (if applicable)
☐ Debris removal costs documented
☐ ALE / loss of use expenses tracked
☐ Proof of loss submitted within policy deadline (typically 60 days of insurer request)
☐ Sinkhole claim: neutral evaluator process under Fla. Stat. § 627.7074 evaluated
☐ 1-year notice deadline confirmed (post-SB 2-A)
☐ No AOB signed — post-SB 2-A eliminated AOB for residential property claims
☐ Prior wind mitigation inspection / 4-point inspection obtained

Addendum B — Liability / Third-Party Claims Checklist

☐ Complaint, demand letter, or claim documentation attached
☐ Tender of defense clearly stated
☐ All potentially applicable policies identified and noticed
☐ Conflict of interest evaluated
☐ Reservation of rights letter requested
☐ Cooperation obligations reviewed
☐ Settlement authority and consent requirements identified
☐ Excess carrier notified if claim may exceed primary limits
☐ Litigation hold implemented
☐ Post-HB 837 comparative fault analysis — Florida now follows modified comparative negligence (51% bar)

Addendum C — Auto / Vehicle Claims Checklist

☐ Police report obtained (Report No.: [________________])
☐ Florida Crash Report form obtained
☐ Photos of all vehicles and scene
☐ Other driver's insurance information obtained
☐ Witness statements collected
☐ Medical treatment documented (if BI claim)
☐ Vehicle damage estimate / total loss valuation
☐ Rental car / transportation expenses tracked
☐ PIP benefits evaluated — Fla. Stat. § 627.736 ($10,000 PIP, 14-day rule for initial treatment)
☐ UM/UIM coverage evaluated
☐ Diminished value claim considered
☐ Bad faith evaluation — failure to settle within PIP/policy limits

Addendum D — Business Interruption Claims Checklist

☐ Period of restoration defined and documented
☐ Pre-loss financial records compiled (12-24 months)
☐ Lost revenue calculated with supporting methodology
☐ Continuing expenses documented
☐ Extra expense documentation maintained
☐ Mitigation efforts documented
☐ CPA or forensic accountant engaged (if warranted)
☐ Civil authority coverage evaluated (hurricane evacuation orders)
☐ Contingent business interruption assessed
☐ Hurricane season preparedness documentation reviewed

Addendum E — Professional Liability / E&O Claims Checklist

☐ Claim reported within claims-made policy's reporting period
☐ Claims-made trigger date confirmed
☐ Retroactive date verified
☐ Prior knowledge/prior acts exclusion reviewed
☐ Related claims analysis completed
☐ Consent to settle provision identified
☐ Defense costs within or outside limits identified
☐ Tail / extended reporting period options reviewed
☐ Regulatory investigation coverage evaluated

DOCUMENT 8: FLORIDA PRACTICE NOTES

Key Statutes

2022-2023 Tort Reform — Critical Changes Summary

Key Case Law and Concepts

Florida Bad Faith — Post-Reform Framework

1. Pre-Suit Requirement: Before filing a bad faith action under Fla. Stat. § 624.155, the policyholder must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services, giving the insurer 60 days to cure the alleged violation.
2. Adverse Judgment Required (Post-HB 837): For policies issued or renewed after March 24, 2023, a bad faith action requires that the insurer breached the insurance contract and that a final judgment or decree has been rendered against the insurer.
3. Acceptance of offer of judgment or payment of appraisal award does NOT constitute an adverse adjudication sufficient to bring a bad faith claim under the new law.
4. Attorney Fees: One-way attorney fees are no longer available for most property insurance disputes under post-reform law.

Florida Department of Financial Services — Contact Information

Florida Department of Financial Services
Division of Consumer Services
200 East Gaines Street
Tallahassee, FL 32399-0322

Consumer Helpline: 1-877-693-5236 (1-877-MY-FL-CFO)
Local: (850) 413-3140
Email: [email protected]
Online Complaint Portal: https://apps.fldfs.com/eservice/
Website: https://www.myfloridacfo.com/division/consumers/needourhelp

Florida Office of Insurance Regulation (OIR)
200 East Gaines Street
Tallahassee, FL 32399
Website: https://floir.com
Contact: https://floir.gov/about-us/contact-us

Florida-Specific Timeline Summary

SOURCES AND REFERENCES

1. Fla. Stat. § 627.70131 (2025) — https://m.flsenate.gov/Statutes/627.70131
2. Fla. Stat. § 624.155 — Civil Remedy — https://codes.findlaw.com/fl/title-xxxvii-insurance/fl-st-sect-624-155/
3. Fla. Stat. § 626.9541 — Unfair Claims Settlement Practices
4. Florida SB 2-A and HB 837 Tort Reform Analysis — https://marshalldennehey.com/articles/property-insurance-reform-laws-passed-florida-now-what
5. Kennedy's Law — Florida Tort Reform Impact on Insurers — https://www.kennedyslaw.com/en/thought-leadership/article/2023/an-in-depth-look-at-changes-impacting-insurers-arising-from-floridas-new-tort-reform-act/
6. Florida DFS — Consumer Services — https://www.myfloridacfo.com/division/consumers/needourhelp
7. Florida OIR Contact — https://floir.gov/about-us/contact-us
8. Insurance Consumer Rights in Florida (2023) — https://uphelp.org/claim-guidance-publications/insurance-consumer-rights-in-florida-2023-2/
9. Florida Proof of Loss Requirements — https://gft.law/blog/florida-property-insurance-claims-what-you-need-to-know-about-proof-of-loss/

This template is provided for informational purposes only and does not constitute legal advice. It is intended for use by licensed attorneys representing policyholders in Florida insurance claims. Each claim requires professional evaluation of the specific facts, policy language, and applicable law — particularly whether pre-reform or post-reform law applies. Users should verify all statutory citations, as Florida insurance law underwent significant changes in 2022-2023 and may continue to evolve. This template was last updated on 2026-02-26.

Prepared for use on the ezel.ai platform.