In short: Appraisal is a policy process to resolve disputes over the amount of a loss: each side picks an appraiser, and an umpire breaks ties. It generally doesn’t decide whether a loss is covered. Since the 2022 reforms, Florida homeowners must report claims within one year, give pre-suit notice, and can no longer recover one-way attorney’s fees under newer policies.
After every hurricane, the same question arrives: the insurer paid something, but not enough. Appraisal is often the fastest way to resolve that kind of dispute.
How Appraisal Works
Most Florida homeowners policies include an appraisal clause. Either side can demand it, in writing, when they disagree about the amount of loss. Each side selects an appraiser; the two appraisers select an umpire. A written award signed by any two sets the amount of loss.
What Appraisers Decide
Appraisal resolves how much the loss is. Whether the loss is covered at all is generally a question for the court. Florida courts have allowed appraisers to address causation in some cases where coverage is admitted, and the line is frequently litigated, as the arguments below show.
Waiver
A party can waive appraisal by acting inconsistently with it, such as litigating for years before demanding it. Insurers also argue that policyholders must satisfy post-loss conditions, such as providing documents or sitting for an examination under oath, before appraisal can be compelled.
The 2022 Reforms
Senate Bill 2-A, passed in a December 2022 special session, changed the landscape:
- One-way attorney’s fees repealed for suits under residential and commercial property policies issued after the law took effect. Each side generally pays its own fees, subject to offers of judgment.
- Assignment of benefits banned for residential and commercial property policies issued on or after January 1, 2023.
- Shorter notice deadlines: a new or reopened claim must be reported within one year of the loss, and a supplemental claim within 18 months (§ 627.70132).
- Faster claim handling: insurers must pay or deny within 60 days of notice, with limited extensions (§ 627.70131).
Before suing, a policyholder must also give the insurer pre-suit notice (§ 627.70152).
Practical Advice
- Report the claim promptly and in writing.
- Photograph damage before repairs, and keep receipts.
- Get an independent estimate.
- Read your policy’s appraisal clause before demanding appraisal; some newer policies contain arbitration or other dispute provisions.
Watch: the videos behind this article
A String of Hurricane Wilma Property Insurance Claims
Insurance Appraisal Clause — Written Request Requirement | Citizens Prop. v. Casar | 3DCA 11-2843
Failure of Notification of Citizens Property Insurance Claim
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments over insurance appraisal, waiver, and appraiser impartiality, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Insurer Went to Appraisal — Then Refused the Award — Can They Do That? | Reimel v. Federated
Litigated for Years, Then Demanded Appraisal — Is the Right Waived in a Sinkhole Case?
No Amount-of-Loss Dispute If Coverage Was Denied Outright — Compelling Appraisal Anyway
Public Adjuster Gets 10% of Award — Is He "Disinterested" for Insurance Appraisal? | 19-249
Frequently Asked Questions
What does insurance appraisal decide in Florida?
The amount of a loss. Whether a loss is covered is generally for the court.
How long do I have to report a property insurance claim in Florida?
One year from the date of loss for a new or reopened claim, and 18 months for a supplemental claim (§ 627.70132).
Can I still recover attorney's fees from my insurer in Florida?
Not under the one-way fee statutes for policies issued after the 2022 reforms. Offers of judgment may still shift fees.
Can I waive appraisal?
Yes, by acting inconsistently with it, such as litigating extensively before demanding appraisal.
Talk to a Florida insurance claim lawyer
Weidner Law, P.A. handles Florida civil litigation and appeals from St. Petersburg. To have your case reviewed, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
