Selling as is · November 4, 2026 · 6 min read

Storm damage in Florida: the claim deadlines to know before you sell

Published by BIMINIO Properties, a company that buys houses for cash in Florida and Arizona.

A Florida stucco house with a blue tarp on part of the roof and palm fronds on the lawn after a storm

After a storm, a Florida owner can face two choices at once: repair the house, or sell it as it is. Before you decide, know the insurance deadlines. They keep running whether you sell or not.

The deadlines in Florida law

Florida Statutes section 627.70132 sets the time limits for telling your insurer about a property claim:

Claim	Deadline to give notice
New claim	Within 1 year after the date of loss
Reopened claim	Within 1 year after the date of loss
Supplemental claim	Within 18 months after the date of loss

A claim is barred if notice is not given within these limits, in the way your policy requires.

For a hurricane, the same section says the date of loss is the date the hurricane made landfall. For a windstorm, it is the date the National Oceanic and Atmospheric Administration verifies the event.

The section also defines the two later kinds of claim:

A reopened claim is one the insurer closed, then reopened at your request for more costs for damage you already reported.
A supplemental claim is for more damage from the same event that the insurer already adjusted, or for costs that came up while repairs were underway on an open claim you reported in time.

The time limits pause during a deployment to a combat zone or combat support posting that affects a servicemember's ability to file.

What your insurer must do, and when

Florida Statutes section 627.70131 sets deadlines for the insurer once you report a claim:

Step	Deadline
Acknowledge your claim and send forms and instructions	Within 7 calendar days of your communication
Begin its investigation	Within 7 days after it receives your proof of loss
Inspect the house in person, if it does so	Within 30 days after it receives your proof of loss
Send you a copy of any detailed estimate its adjuster makes	Within 7 days after the estimate is made
Pay or deny the claim, or part of it, with a written reason	Within 60 days after it receives notice of the claim

The adjuster must give you their name and state license number. A payment made after the 60 days carries interest from the date the insurer received notice, under the conditions in the section.

Why this matters when you sell

Damage you have not reported does not disappear when the house changes hands. If you plan to sell, decide about the claim first, so you do not lose it by waiting.

Three things to settle early:

Report the damage. Give notice to your insurer within the deadline, even if you plan to sell. Take photos before anything is cleaned or moved.
Ask who gets the claim money after a sale. Your policy, your insurer and your lender all have a say. Ask the insurer in writing, and talk to a lawyer if the amount is large.
Tell the buyer about the claim. An open, paid or denied claim is part of the house's story. A buyer who knows about it can price it in from the start.

How a replacement cost policy pays

The first insurance check can be smaller than the repair estimate. Florida Statutes section 627.7011(3)(a) explains why. On a dwelling insured for replacement cost, the insurer must first pay at least the actual cash value of the loss, less the deductible. It pays the rest "as work is performed and expenses are incurred." When the house is a total loss, it pays replacement cost without holding back depreciation.

So if you sell before the repairs are done, the part of the claim tied to repair work may still be unpaid. Ask your insurer in writing what has been paid, what remains, and what it needs to release the rest.

Passing the claim to the buyer

Since 2023, Florida law limits who can take over a claim. Section 627.7152(13) says that for residential policies issued on or after January 1, 2023, an owner may not assign post-loss insurance benefits. Subsection (11)(a) makes an exception for an assignment to "a subsequent purchaser of the property" with an insurable interest, following a loss.

That means the buyer of a damaged house can be the one who takes over the claim. Whether that is the best plan depends on how much has been paid, your lender's rights and the contract. Agree on it in writing before closing, and ask a lawyer to review it when the amount is large.

Repair first, or sell as is?

Repairing before you sell can raise the price, but it takes money and time, and the repair work may have to wait for the insurer's decision. Each month of waiting adds mortgage interest, taxes, insurance and the risk of more damage to an empty house.

Selling as is ends those costs sooner. The buyer takes on the repairs. The price is lower than for a repaired house, because the repair cost comes off.

To compare the two paths with your own numbers, use the net proceeds calculator. Our guide on selling as is covers what to tell a buyer.

What we ask about a damaged house

When you call BIMINIO about a house with storm damage, we ask:

What happened, and on what date.
Whether you have reported it to your insurer, and where the claim stands.
What has been repaired or covered so far, such as a tarp on the roof.
Whether anyone lives in the house.

We buy houses in any condition in Tampa, Miami, Orlando and Lakeland. The repair budget behind your offer comes from a scope of the work led by our founder, a trained architect. You get a written offer within 24 hours, and you pick a closing date from 7 to 35 days out.

Thinking about selling? BIMINIO buys houses in Florida and Arizona as is. A written offer comes within 24 hours, and you pick the closing date.

Sources

Florida Statutes (2026), section 627.70132: notice of property insurance claim, read November 8, 2026
Florida Statutes (2026), section 627.70131: insurer's duty to acknowledge and investigate claims, read November 8, 2026
Florida Statutes (2026), section 627.7011: homeowners' policies, replacement cost, read November 8, 2026
Florida Statutes (2026), section 627.7152: assignment agreements, read November 8, 2026

Situations this helps with

Guides

This post is general information. BIMINIO does not give legal, tax or financial advice.

Questions and answers

How long do I have to report a storm damage claim in Florida?

Florida Statutes section 627.70132 says a new or reopened property insurance claim is barred unless notice is given to the insurer within 1 year after the date of loss, in the way the policy requires. Give notice within the deadline even if you plan to sell, and take photos before anything is cleaned or moved.

What is the deadline for a supplemental claim in Florida?

Under Florida Statutes section 627.70132, notice of a supplemental claim must be given within 18 months after the date of loss. A supplemental claim is for more damage from the same event that the insurer already adjusted, or for costs that came up while repairs were underway on an open claim reported in time.

What is the date of loss for a hurricane?

Florida Statutes section 627.70132 says the date of loss for a hurricane is the date the hurricane made landfall. For a windstorm, it is the date the National Oceanic and Atmospheric Administration verifies the event. The claim deadlines of 1 year and 18 months count from the date of loss.

Can I sell a house with an open insurance claim?

Yes. Tell the buyer about the claim early, because an open, paid or denied claim is part of the house's story. Check with your insurer and a lawyer about who should receive the claim money once the house is sold, since your policy, your insurer and your lender all have a say.

Does BIMINIO buy houses with storm damage?

Yes. BIMINIO buys houses as is in Tampa, Miami, Orlando and Lakeland, in any condition. You make no repairs, and we pay the closing costs. The repair budget behind the offer comes from a scope of the work led by our founder, a trained architect, and the written offer arrives within 24 hours.

How fast must a Florida insurer respond to a property claim?

Florida Statutes section 627.70131 says the insurer must review and acknowledge a communication about a claim within 7 calendar days, and begin its investigation within 7 days after receiving proof-of-loss statements. The adjuster must give you their name and state license number. The insurer must decide within 60 days.

When must a Florida insurer pay or deny a claim?

Florida Statutes section 627.70131(7) says the insurer must pay or deny the claim, or part of it, within 60 days after it receives notice of an initial, reopened or supplemental claim, with a reasonable written explanation, unless factors beyond its control apply. A payment made after the 60 days carries interest.

Can I sign my storm damage claim over to the buyer of my Florida house?

Possibly. Florida Statutes section 627.7152(13) bars assigning post-loss benefits under residential policies issued on or after January 1, 2023, but subsection (11)(a) excepts an assignment to a subsequent purchaser of the property with an insurable interest following a loss. Agree on it in writing before closing, and ask a lawyer to review it.

Why did my Florida insurer pay less than the repair estimate?

On a replacement cost policy for a dwelling, Florida Statutes section 627.7011(3)(a) says the insurer first pays at least the actual cash value of the loss less the deductible, and pays the remaining amounts as work is performed and expenses are incurred. Ask your insurer in writing what has been paid and what remains.

What is a supplemental claim in Florida?

Florida Statutes section 627.70132(1)(b) defines a supplemental claim as a claim for additional loss or damage from the same peril that the insurer already adjusted, or for costs incurred while completing repairs on an open claim that was reported in time. Notice of a supplemental claim is due within 18 months after the date of loss.