With the one-year anniversary of Hurricane Irma fast approaching on Sept. 10, policyholders who are still involved in insurance disputes may soon be forced to decide whether to file suit. The statute of limitations for breach of an insurance contract under Florida law is five years. But as with any rule, there are exceptions—and they may be hidden in the policy itself.
Insurance policies frequently contain provisions governing the timing of a suit to recover benefits. Some effectively replace the statute of limitations with a window as short as one year to file a lawsuit over unpaid proceeds. Whether this period runs from the date Irma made landfall or when the insurer issued its coverage decision, the window is rapidly closing. This is particularly true for those with policies that require pre-suit mediation or impose a waiting period even after negotiations have failed. Many policyholders must accordingly decide whether to walk away from a claim, accept an inadequate offer, or legally vindicate their rights.
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