If your insurance company acted in bad faith, you may have a limited time to file a lawsuit. In Florida, the statute of limitations for most bad-faith insurance claims is five years — but determining when that period starts, and how recent law changes affect your claim, requires careful analysis.
This guide explains:
- How long you have to file a bad-faith lawsuit in Florida
- When the statute of limitations begins to run
- How recent Florida law affects bad-faith claims
- Important exceptions and tolling rules
How Long Do You Have to File a Bad-Faith Insurance Claim in Florida?
In most cases, a Florida bad-faith insurance claim must be filed within five (5) years.
This five-year period generally comes from Florida Statutes § 95.11, which governs the statute of limitations for actions founded on written contracts. Because many bad-faith claims arise from insurance policies (which are written contracts), courts commonly apply the five-year limitations period.
However, not every case is identical. The specific deadline can depend on:
- Whether the claim is first-party or third-party
- When the claim legally “accrued”
- Whether statutory procedures were properly followed
- Whether tolling or extensions apply
What Is an Insurance Bad-Faith Claim?
Florida recognizes bad-faith insurance claims under Florida Statutes § 624.155.
An insurer may act in bad faith if it:
- Fails to settle a claim when it reasonably should
- Unreasonably delays payment
- Fails to properly investigate a claim
- Puts its financial interests above the insured’s
Florida law allows policyholders — and in some cases third parties — to sue insurers who violate statutory duties of good faith.
When Does the Statute of Limitations Start Running?
This is one of the most important legal questions.
In many Florida cases, a bad-faith claim does not accrue until:
- There has been a determination of liability and damages, or
- There has been a final resolution of the underlying coverage dispute.
For example:
- In a third-party liability case, the bad-faith claim may not accrue until there is an excess judgment against the insured.
- In a first-party claim (such as property insurance), accrual may depend on resolution of the coverage dispute.
Because accrual rules are case-specific, calculating the deadline requires careful legal analysis.
The 90-Day Civil Remedy Notice Requirement
Before filing a statutory bad-faith lawsuit under Florida Statutes § 624.155, a claimant must:
- File a Civil Remedy Notice (CRN) with the Florida Department of Financial Services.
- Give the insurer 60 days (formerly 60 days; now effectively expanded under recent reforms) to cure the alleged violation.
Recent legislative changes, including reforms enacted in 2023, modified aspects of Florida’s bad-faith framework. These changes can affect:
- When a bad-faith action may be filed
- Whether the insurer has an opportunity to cure
- How courts evaluate good-faith settlement conduct
Failure to comply with pre-suit notice requirements can delay or bar a claim.
Do Recent Florida Law Changes Affect the Deadline?
Yes. Florida enacted significant tort reform legislation in 2023 that changed parts of the bad-faith legal framework.
While the five-year statute of limitations under Florida Statutes § 95.11 generally still applies, recent reforms may affect:
- Safe-harbor provisions for insurers
- Timing of bad-faith accrual
- Comparative fault and settlement standards
Because these reforms interact with existing case law, determining the correct filing deadline now requires a more nuanced legal review than in prior years.
Are There Exceptions That Could Extend or Shorten the Deadline?
Potential factors that may affect the deadline include:
- Tolling during the Civil Remedy Notice period
- Bankruptcy proceedings
- Fraud or concealment
- Contractual limitations provisions (in rare cases)
- Federal court jurisdiction issues
Missing the statute of limitations typically results in permanent dismissal of your case — even if the insurer clearly acted in bad faith.
Frequently Asked Questions
Is the statute of limitations always five years?
In most Florida bad-faith cases tied to written insurance contracts, yes. However, accrual timing and procedural requirements can affect when the clock starts.
What happens if I miss the deadline?
Your claim will likely be barred permanently, regardless of its merits.
Does the deadline run from the date of denial?
Not always. In many cases, a bad-faith claim does not accrue until after the underlying claim is resolved.
Why Timing Matters in Florida Bad-Faith Cases
Bad-faith litigation in Florida is complex. Courts analyze:
- Policy language
- Settlement conduct
- Compliance with statutory notice procedures
- Accrual rules under Florida case law
- The five-year limitation period under Florida Statutes § 95.11
Because small timing errors can destroy otherwise valid claims, prompt legal evaluation is critical.
Speak With a Florida Insurance Bad-Faith Attorney
If you believe your insurance company acted in bad faith, do not assume you have unlimited time. The statute of limitations may already be running — or may soon begin.
Contact a Florida bad faith insurance claims lawyer as soon as possible if you suspect you have been dealt with in bad faith by your insurance company.
A member of the Johns Law Group team can identify the statute of limitations that applies to your case and help you get the compensation you deserve.
Let the experienced bad faith insurance attorneys from Johns Law Group help you determine when you need to file a claim and get the maximum amount of money you deserve. Contact us now.
Jeremiah Johns is a former insurance defense attorney who now represents plaintiffs in bad faith insurance, catastrophic injury cases, and commercial disputes. He has a unique perspective from his experience representing some of the nation’s largest insurance companies.
Jeremiah is licensed to practice law in Texas, Louisiana, Florida, and Georgia (though he is presently inactive in Georgia). He is also admitted to the 5th Circuit Court of Appeals. For his education, Jeremiah earned an LL.M. in Admiralty from Tulane University, a J.D., cum laude, from Syracuse University, and both a B.A. and B.S., magna cum laude, from Georgia State University.
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