Florida Statutes
Fla. Stat. § 627.70131 (2025)
Insurer’s duty to acknowledge communications regarding claims; investigation.
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627.70131 Insurer’s duty to acknowledge communications regarding claims; investigation.—
(1)(a) Upon an insurer’s receiving a communication with respect to a claim, the insurer shall, within 7 calendar days, review and acknowledge receipt of such communication unless payment is made within that period of time or unless the failure to acknowledge is caused by factors beyond the control of the insurer. If the acknowledgment is not in writing, a notification indicating acknowledgment shall be made in the insurer’s claim file and dated. A communication made to or by a representative of an insurer with respect to a claim shall constitute communication to or by the insurer.
(b) As used in this subsection, the term “representative” means any person to whom an insurer has granted authority or responsibility to receive or make such communications with respect to claims on behalf of the insurer.
(c) This subsection does not apply to claimants represented by counsel beyond those communications necessary to provide forms and instructions.
(2) Such acknowledgment must be responsive to the communication. If the communication constitutes a notification of a claim, unless the acknowledgment reasonably advises the claimant that the claim appears not to be covered by the insurer, the acknowledgment must provide necessary claim forms, and instructions, including an appropriate telephone number.
(3)(a) Unless otherwise provided by the policy of insurance or by law, within 7 days after an insurer receives proof-of-loss statements, the insurer shall begin such investigation as is reasonably necessary unless the failure to begin such investigation is caused by factors beyond the control of the insurer.
(b) If such investigation involves a physical inspection of the property, the licensed adjuster assigned by the insurer must provide the policyholder with a printed or electronic document containing his or her name and state adjuster license number. An insurer must conduct any such physical inspection within 30 days after its receipt of the proof-of-loss statements.
(c) Any subsequent communication with the policyholder regarding the claim must also include the name and license number of the adjuster communicating about the claim. Communication of the adjuster’s name and license number may be included with other information provided to the policyholder.
(d) An insurer may use electronic methods to investigate the loss. Such electronic methods may include any method that provides the insurer with clear, color pictures or video documenting the loss, including, but not limited to, electronic photographs or video recordings of the loss; video conferencing between the adjuster and the policyholder which includes video recording of the loss; and video recordings or photographs of the loss using a drone, driverless vehicle, or other machine that can move independently or through remote control. The insurer also may allow the policyholder to use such methods to assist in the investigation of the loss. An insurer may void the insurance policy if the policyholder or any other person at the direction of the policyholder, with intent to injure, defraud, or deceive any insurer, commits insurance fraud by providing false, incomplete, or misleading information concerning any fact or thing material to a claim using electronic methods. The use of electronic methods to investigate the loss does not prohibit an insurer from assigning a licensed adjuster to physically inspect the property.
(e) The insurer must send the policyholder a copy of any detailed estimate of the amount of the loss within 7 days after the estimate is generated by an insurer’s adjuster. This paragraph does not require that an insurer create a detailed estimate of the amount of the loss if such estimate is not reasonably necessary as part of the claim investigation.
(4) An insurer shall maintain:
(a) A record or log of each adjuster who communicates with the policyholder as provided in paragraphs (3)(b) and (c) and provide a list of such adjusters to the insured, office, or department upon request.
(b) Claim records, including dates, of:
1. Any claim-related communication made between the insurer and the policyholder or the policyholder’s representative;
2. The insurer’s receipt of the policyholder’s proof-of-loss statement;
3. Any claim-related request for information made by the insurer to the policyholder or the policyholder’s representative;
4. Any claim-related inspections of the property made by the insurer, including physical inspections and inspections made by electronic means;
5. Any detailed estimate of the amount of the loss generated by the insurer’s adjuster;
6. The beginning and end of any tolling period provided for in subsection (8); and
7. The insurer’s payment or denial of the claim.
(5) For purposes of this section, the term:
(a) “Factors beyond the control of the insurer” means:
1. Any of the following events that is the basis for the office issuing an order finding that such event renders all or specified residential property insurers reasonably unable to meet the requirements of this section in specified locations and ordering that such insurer or insurers may have additional time as specified by the office to comply with the requirements of this section: a state of emergency declared by the Governor under s. 252.36, a breach of security that must be reported under s. 501.171(3), or an information technology issue. The office may not extend the period for payment or denial of a claim for more than 30 additional days.
2. Actions by the policyholder or the policyholder’s representative which constitute fraud, lack of cooperation, or intentional misrepresentation regarding the claim for which benefits are owed when such actions reasonably prevent the insurer from complying with any requirement of this section.
(b) “Insurer” means any residential property insurer.
(6)(a) When providing a preliminary or partial estimate of damage regarding a claim, an insurer shall include with the estimate the following statement printed in at least 12-point bold, uppercase type: THIS ESTIMATE REPRESENTS OUR CURRENT EVALUATION OF THE COVERED DAMAGES TO YOUR INSURED PROPERTY AND MAY BE REVISED AS WE CONTINUE TO EVALUATE YOUR CLAIM. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US.
(b) When providing a payment on a claim which is not the full and final payment for the claim, an insurer shall include with the payment the following statement printed in at least 12-point bold, uppercase type: WE ARE CONTINUING TO EVALUATE YOUR CLAIM INVOLVING YOUR INSURED PROPERTY AND MAY ISSUE ADDITIONAL PAYMENTS. IF YOU HAVE QUESTIONS, CONCERNS, OR ADDITIONAL INFORMATION REGARDING YOUR CLAIM, WE ENCOURAGE YOU TO CONTACT US.
(7)(a) Within 60 days after an insurer receives notice of an initial, reopened, or supplemental property insurance claim from a policyholder, the insurer shall pay or deny such claim or a portion of the claim unless the failure to pay is caused by factors beyond the control of the insurer. The insurer shall provide a reasonable explanation in writing to the policyholder of the basis in the insurance policy, in relation to the facts or applicable law, for the payment, denial, or partial denial of a claim. If the insurer’s claim payment is less than specified in any insurer’s detailed estimate of the amount of the loss, the insurer must provide a reasonable explanation in writing of the difference to the policyholder. Any payment of an initial or supplemental claim or portion of such claim made 60 days after the insurer receives notice of the claim, or made after the expiration of any additional timeframe provided to pay or deny a claim or a portion of a claim made pursuant to an order of the office finding factors beyond the control of the insurer, whichever is later, bears interest at the rate set forth in s. 55.03. Interest begins to accrue from the date the insurer receives notice of the claim. The provisions of this subsection may not be waived, voided, or nullified by the terms of the insurance policy. If there is a right to prejudgment interest, the insured must select whether to receive prejudgment interest or interest under this subsection. Interest is payable when the claim or portion of the claim is paid. Failure to comply with this subsection constitutes a violation of this code. However, failure to comply with this subsection does not form the sole basis for a private cause of action.
(b) Notwithstanding subsection (5), for purposes of this subsection, the term “claim” means any of the following:
1. A claim under an insurance policy providing residential coverage as defined in s. 627.4025(1);
2. A claim for structural or contents coverage under a commercial property insurance policy if the insured structure is 10,000 square feet or less; or
3. A claim for contents coverage under a commercial tenant policy if the insured premises is 10,000 square feet or less.
(c) This subsection does not apply to claims under an insurance policy covering nonresidential commercial structures or contents in more than one state.
(8) The requirements of this section are tolled:
(a) During the pendency of any mediation proceeding under s. 627.7015 or any alternative dispute resolution proceeding provided for in the insurance contract. The tolling period ends upon the end of the mediation or alternative dispute resolution proceeding.
(b) Upon the failure of a policyholder or a representative of the policyholder to provide material claims information requested by the insurer within 10 days after the request was received. The tolling period ends upon the insurer’s receipt of the requested information. Tolling under this paragraph applies only to requests sent by the insurer to the policyholder or a representative of the policyholder at least 15 days before the insurer is required to pay or deny the claim or a portion of the claim under subsection (7).
History.—s. 23, ch. 2005-111; s. 27, ch. 2007-1; s. 18, ch. 2007-90; s. 20, ch. 2011-39; s. 18, ch. 2021-104; s. 15, ch. 2022-268; s. 15, ch. 2022-271.
Note.—Former s. 627.4261.
Notes of Decisions
Cited in 31
cases (20 in the last 5 years), 2008–2026 · leading case: Qbe Ins. Corp. v. Dome Condo. Ass'n, Inc., 577 F. Supp. 2d 1256 (S.D. Fla. 2008).
Qbe Ins. Corp. v. Dome Condo. Ass'n, Inc., 577 F. Supp. 2d 1256 (S.D. Fla. 2008). “70131 cannot be the basis for a claim by Dome for two reasons: (1) the statute explicitly states that “failure to comply with this subsection shall not form the sole basis for a private cause of action;” Fla. Stat. § 627.70131 (5)(a); and (2) the statute was passed after the…”
State Farm Florida Ins. Co. v. Silber, 72 So. 3d 286 (Fla. 4th DCA 2011). “” § 627.70131(5)(a), Fla. Stat. (2009). At a subsequent hearing, the insureds admitted they should have moved to confirm the appraisal award, and made an ore tenvs motion to do so.”
Tower Hill Select Ins. Co. v. McKee, 151 So. 3d 2 (Fla. 2d DCA 2014). “Section 627.70131(5)(a), Florida Statutes (2013), authorizes an award of prejudgment interest on “[a]ny payment of an initial or supplemental claim or portion of such claim made 90 days after the insurer receives notice of the claim, or made more than 15 days after there are no…”
Castro v. Homeowners Choice Prop. & Cas. Ins. Co., 228 So. 3d 596 (Fla. 2d DCA 2017). “*600 Additionally, Homeowners Choice’s reliance on the phrase “initial, reopened, or supplemental property insurance claim” in section 627.70131(5)(a),. Florida Statutes (2014), is misplaced.”
Citizens Prop. Ins. Corp. v. Nunez, 194 So. 3d 1064 (Fla. 2d DCA 2016). “Section 627.70131(5)(a)‘ Florida Statutes (2013), authorizes an award of prejudgment interest on “[a]ny payment of an initial or *1070 supplemental claim or portion of such claim made 90 days after the insurer receives notice of the claim, or made more than 15 days after there…”
Newman v. Am. Home Assurance Co., Inc. (S.D. Fla. 2024). “The Instant Motions Plaintiffs’ Motion seeks partial summary judgment in their favor, arguing that Florida’s statutory interest provision, Fla. Stat. § 627.70131 , applies to this case and that Plaintiffs are entitled to recover statutory interest on the three appraisal award…”
Dina Hess v. Sutton Specialty Ins. Co. (M.D. Fla. 2026). “) The Court finds that plaintiff is not entitled to statutory interest under Fla. Stat. § 627.70131 . The one-count Complaint sought damages for breach of contract.”
People's Trust Ins. Co. v. Pedro R. Ramos Santos (Fla. 3d DCA 2021). “Finally, People’s Trust argued that, because it had exercised its right to repair, invoked the appraisal process, and the appraisal award established the amount of loss and the scope of the repairs, the trial court “should compel the completion of the repair process.”
Centre Hill Courts Condo. Ass'n, Inc. v. Rockhill Ins. Co. (S.D. Fla. 2020). “70131: Plaintiff’s second argument is that Fla. Stat. § 627.70131 is incorporated into the policy agreement and that Defendant violated this provision when it failed to pay or deny Plaintiff’s insurance claim within ninety days from the date Plaintiff submitted its notice of…”
The Dental Law Firm, P.A. d/b/a Shochet Law Grp. v. Paul Kincer, Scott Moore, & the People's Choice Pub. Adjusters, LLC (Fla. 4th DCA 2022). “… § 627.70131(5)(a), Fla. Stat. (2017) (emphases added).”
Aymee Taylor, Individually & on Behalf of Those Similarly Situated v. State Farm Florida Ins. Co., a Florida Ins. Corp. (Fla. 1st DCA 2024). “1 Section 627.70131 was amended in 2021 and subsection (5)(a) was renumbered as subsection (7)(a).”
Nery Villar v. Scottsdale Ins. Co. (S.D. Fla. 2024). “Specifically, Plaintiff claims that (1) the significant disparity between the Parties’ initial estimates of the covered damages created a bona fide dispute that amounted to a breakdown of the claims-adjusting process; and (2) §§ 627.70131 and 626.9541, Florida Statutes (2021),1…”
— 627.70131(1)(a) — 3 cases
People's Trust Ins. Co. v. Pedro R. Ramos Santos (Fla. 3d DCA 2021). “Finally, People’s Trust argued that, because it had exercised its right to repair, invoked the appraisal process, and the appraisal award established the amount of loss and the scope of the repairs, the trial court “should compel the completion of the repair process.”
Expert Inspections, LLC v. United Prop. & Cas. Ins. Co. (Fla. 4th DCA 2022).
Perez v. Scottsdale Ins. Co. (S.D. Fla. 2019).
— 627.70131(1)(c) — 1 case
People's Trust Ins. Co. v. Pedro R. Ramos Santos (Fla. 3d DCA 2021). “Finally, People’s Trust argued that, because it had exercised its right to repair, invoked the appraisal process, and the appraisal award established the amount of loss and the scope of the repairs, the trial court “should compel the completion of the repair process.”
— 627.70131(2) — 1 case
People's Trust Ins. Co. v. Pedro R. Ramos Santos (Fla. 3d DCA 2021). “Finally, People’s Trust argued that, because it had exercised its right to repair, invoked the appraisal process, and the appraisal award established the amount of loss and the scope of the repairs, the trial court “should compel the completion of the repair process.”
— 627.70131(4) — 1 case
Great Lakes Reinsurance (U.K.) PLC v. Branam, 126 So. 3d 297 (Fla. 3d DCA 2013).
— 627.70131(5) — 2 cases
Aymee Taylor, Individually & on Behalf of Those Similarly Situated v. State Farm Florida Ins. Co., a Florida Ins. Corp. (Fla. 1st DCA 2024). “1 Section 627.70131 was amended in 2021 and subsection (5)(a) was renumbered as subsection (7)(a).”
Aymee Taylor, Individually & on Behalf of Those Similarly Situated v. State Farm Florida Ins. Co., a Florida Ins. Corp. (Fla. 1st DCA 2024).
— 627.70131(5)(a) — 20 cases
State Farm Florida Ins. Co. v. Silber, 72 So. 3d 286 (Fla. 4th DCA 2011). “” § 627.70131(5)(a), Fla. Stat. (2009). At a subsequent hearing, the insureds admitted they should have moved to confirm the appraisal award, and made an ore tenvs motion to do so.”
Tower Hill Select Ins. Co. v. McKee, 151 So. 3d 2 (Fla. 2d DCA 2014). “Section 627.70131(5)(a), Florida Statutes (2013), authorizes an award of prejudgment interest on “[a]ny payment of an initial or supplemental claim or portion of such claim made 90 days after the insurer receives notice of the claim, or made more than 15 days after there are no…”
Castro v. Homeowners Choice Prop. & Cas. Ins. Co., 228 So. 3d 596 (Fla. 2d DCA 2017). “*600 Additionally, Homeowners Choice’s reliance on the phrase “initial, reopened, or supplemental property insurance claim” in section 627.70131(5)(a),. Florida Statutes (2014), is misplaced.”
Citizens Prop. Ins. Corp. v. Nunez, 194 So. 3d 1064 (Fla. 2d DCA 2016). “Section 627.70131(5)(a)‘ Florida Statutes (2013), authorizes an award of prejudgment interest on “[a]ny payment of an initial or *1070 supplemental claim or portion of such claim made 90 days after the insurer receives notice of the claim, or made more than 15 days after there…”
The Dental Law Firm, P.A. d/b/a Shochet Law Grp. v. Paul Kincer, Scott Moore, & the People's Choice Pub. Adjusters, LLC (Fla. 4th DCA 2022). “… § 627.70131(5)(a), Fla. Stat. (2017) (emphases added).”
— 627.70131(7)(a) — 7 cases
Kwik-Mart, Inc. v. Ategrity Specialty Ins. Co. (M.D. Fla. 2025).
Nery Villar v. Scottsdale Ins. Co. (S.D. Fla. 2024). “Specifically, Plaintiff claims that (1) the significant disparity between the Parties’ initial estimates of the covered damages created a bona fide dispute that amounted to a breakdown of the claims-adjusting process; and (2) §§ 627.70131 and 626.9541, Florida Statutes (2021),1…”
Hypoluxo Mariner's Cay Condo. Ass'n, Inc. v. Underwriter's at Lloyd's London (Fla. 4th DCA 2026).
Riley v. Heritage Prop. & Cas. Ins. Co. (S.D. Fla. 2022).
Riley v. Heritage Prop. & Cas. Ins. Co. (S.D. Fla. 2023).
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