In April of 2021, the Florida legislature passed Senate Bill 76, which consists of significant provisions that will affect homeowners' litigation and handling of property insurance claims. This bill went into effect in July of 2021; legislators passed this new law in response to the unsustainable insurance crisis in Florida and are attempting to reduce insurance litigation.
In 2019, Florida accounted for over 76% of all homeowner's litigation in the United States. Here are some of the changes included in this bill property owners should be aware of:
Decreases the Time Limit to File an Insurance Claim
Florida Statute § 627.70132 implements a maximum three-year period for a homeowner to file a hurricane or wind damage claim. However, the new bill states that a property owner must provide notice of claim within two years, which now expands to wind damage and all property damage.
Rates Increase for Policyholders Who Have Citizens Property Insurance
Many policyholders' rates increased after filing claims. Senate Bill 76 raises the current 10% cap on annual premium increases by 1% each year for the next five years
Mandatory Presuit Notice for Property Insurance Claims
One of the most crucial factors of SB76 is the establishment of Florida Statutes Section 627.70152 involving property insurance litigation. This bill implements a presuit requirement for policyholders to provide written notice of intent to the insurance carrier of 10 days to initiate a lawsuit.
Prohibits Advertisements of Roofing Contractors
SB76 establishes Florida Statute § 489.147 prohibiting solicitation of roof damage claims. The new law creates limitations for contractors from using “advertisements” or any form of written communication that entices a consumer to file a roof damage claim.
Contact a Boca Raton Damage Attorney
As these new changes begin to unfold due to Senate Bill 76, Florida policyholders should be aware of its implications on the insurance claim process and litigation. Our property damage attorneys are skilled in handling property damage claims and have a vast knowledge of Florida statutes related to property insurance laws. If your insurance claim has been wrongfully denied, contact Chad J. Robinson, PLLC at (561) 564-0233 to handle your insurance dispute. Our team of dedicated attorneys can assist you with all your legal needs and help you get the results you deserve.