Florida Statute 627.70132 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

View Entire Chapter

F.S. 627.70132

627.70132 Notice of property insurance claim.—

(1) As used in this section, the term:

(a) “Reopened claim” means a claim that an insurer has previously closed, but that has been reopened upon an insured’s request for additional costs for loss or damage previously disclosed to the insurer.

(b) “Supplemental claim” means a claim for additional loss or damage from the same peril which the insurer has previously adjusted or for which costs have been incurred while completing repairs or replacement pursuant to an open claim for which timely notice was previously provided to the insurer.

(2) A claim or reopened claim, but not a supplemental claim, under an insurance policy that provides property insurance, as defined in s. 624.604, including a property insurance policy issued by an eligible surplus lines insurer, for loss or damage caused by any peril is barred unless notice of the claim was given to the insurer in accordance with the terms of the policy within 1 year after the date of loss. A supplemental claim is barred unless notice of the supplemental claim was given to the insurer in accordance with the terms of the policy within 18 months after the date of loss. The time limitations of this subsection are tolled during any term of deployment to a combat zone or combat support posting which materially affects the ability of a named insured who is a servicemember as defined in s. 250.01 to file a claim, supplemental claim, or reopened claim.

(3) For claims resulting from hurricanes, tornadoes, windstorms, severe rain, or other weather-related events, the date of loss is the date that the hurricane made landfall or the tornado, windstorm, severe rain, or other weather-related event is verified by the National Oceanic and Atmospheric Administration.

(4)(a) A notice of claim for loss assessment coverage under s. 627.714 may not occur later than 3 years after the date of loss and must be provided to the insurer the later of:

1. Within 1 year after the date of loss; or

2. Within 90 days after the date on which the condominium association or its governing board votes to levy an assessment resulting from a covered loss.

(b) For purposes of this subsection, the date of loss is the date of the covered loss event that created the need for an assessment.

(5) This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.

History.—s. 10, ch. 2011-39; s. 10, ch. 2021-77; s. 16, ch. 2022-271; s. 22, ch. 2023-172; s. 8, ch. 2024-139.

F.S. 627.70132 on Google Scholar

F.S. 627.70132 on Casetext

Amendments to 627.70132

Arrestable Offenses / Crimes under Fla. Stat. 627.70132

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.70132.

Annotations, Discussions, Cases:

Cases Citing Statute 627.70132

Total Results: 5

Patios West One Condominium Association, Inc. v. American Coastal Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-03T00:00:00-08:00

Snippet: insurer was legally insufficient under section 627.70132, Florida Statutes (2017), because it did not include…the plain and unambiguous language of section 627.70132 does not require that an insured provide an estimate…supplemental or reopened claim as provided in section 627.70132, Florida Statutes (2017): A claim, supplemental… dispute that the pre-2021 version of section 627.70132 applies to the instant case. …subject loss”; and asserted compliance with section 627.70132. No damage estimate or similar documentation

MARITZA CASTRO AND NANCY MAURA v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-21T00:00:00-07:00

Snippet: accordance with the policy terms and section 627.70132, Florida Statutes. Castro contended that 1

RICHARD LEMON AND LEANNE LEMON vs PEOPLE'S TRUST INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-03T00:00:00-07:00

Snippet: language essentially mirrors that of section 627.70132, Florida Statutes (2016), which defines “supplemental…supplemental claim” from a “reopened claim.” § 627.70132(1) (a)-(b), Fla. Stat. (2022).

BRANDON GOLDBERG v. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-09T00:53:00-07:00

Snippet: emphasis added). This provision tracks section 627.70132, Florida Statutes (2017). Second, the policy…of a “supplemental claim” set forth in section 627.70132, Florida Statutes, which states in pertinent part…adjusted pursuant to the initial claim. § 627.70132, Fla. Stat. (2017) (emphasis added). Here… forth in the Universal policy and in section 627.70132. Milhomme was a case where the insurer paid…definition of “supplemental claim” in section 627.70132, which applies only to hurricane or windstorm

State Farm Florida Insurance Company v. Lime Bay Condominium, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-23T00:00:00-07:00

Citation: 187 So. 3d 932, 2016 Fla. App. LEXIS 4529, 2016 WL 1128489

Snippet: or hurricane loss that does not comply with s. 627.70132. § 627.7015(9), Fla. Stat. (2012) (emphasis