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.*
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