As we enter the peak of hurricane season here in Florida, one question that many homeowners have is whether their insurance company can cancel or non-renew their policy.
Yes, they can, but they are required to give you timely notice and legitimate reasons. There are also extra protections that apply if your home was damaged by a covered peril.
Here are the critical timelines:
- 120 days’ written notice before a cancellation, non-renewal, or termination takes effect. The notice must include the specific reasons.
- 20 days’ written notice if the insurer cancels within the first 60 days of a new policy for reasons other than nonpayment, plus specific reasons.
- 10 days’ written notice if cancellation is for nonpayment of premium
- After 60 days in force, the company can cancel only for limited reasons (e.g., material misstatement, nonpayment, failure to meet underwriting requirements within 60 days of start, substantial change in risk) and may not cancel/terminate because of credit info found in public records.
If the insurance company misses a deadline coverage generally stays in force for the length of the missed notice or until you get replacement coverage, whichever comes first.
Extra protections after covered damage to your property
If your home is damaged and you have a covered claim, Florida law restricts cancellations/non-renewals while you repair:
- If your property was damaged after a hurricane or declared emergency, your policy can’t be canceled or non-renewed for 90 days after repairs are completed (with narrow exceptions below).
- Exceptions during repairs: the insurer may still cancel/non-renew before repairs only
- on 10 days’ notice for nonpayment, or
- on 45 days’ notice for claim-related fraud/material misstatement, unreasonable repair delay, or if policy limits were paid. If they plan to non-renew a damaged home after repairs, they must give 90 days’ advance notice of that intent.
If a cancellation/non-renewal would take effect during the legally defined “duration of a hurricane,” it is automatically pushed to after the hurricane ends (the “duration” runs from the first hurricane watch/warning issued anywhere in Florida to 72 hours after the last watch/warning ends).
Sometimes, emergency orders temporarily pause cancellations and non-renewals in disaster areas and extend deadlines. If you live in an impacted county, those orders may add extra time on top of the rules above.
Also, a hurricane claim can’t be the reason to cancel/non-renew unless you refused reasonable steps the insurer asked for to prevent another loss.
Different timelines for surplus-lines insurance companies
If your declarations say “surplus lines” or name a non-Florida-authorized carrier, your notice rules are different:
- 45 days’ written notice of non-renewal and 45 days’ notice for cancellation (with 10 days for nonpayment). They must tell you the reasons, too.
(Tip: If you’re not sure whether you’re with an authorized carrier or surplus lines, ask your agent).
Conclusion
Your insurance company must give you notice, valid reasons, and must comply with any extra protections you’re entitled to receive after a covered loss. If you’ve received a notice of cancellation or non-renewal, carefully review it. If you have questions, contact our office to see whether we can assist.
This article is not legal advice. If you receive a notice or your home was damaged, talk to a Florida property insurance attorney about your specific facts.