Filing a claim can feel stressful enough on its own, so it is natural to wonder, “Can an insurance company cancel your homeowners policy?” right after you report damage. In Florida, the answer depends on what the company is trying to do, when it is trying to do it, and what reason it gives in writing.
Worry often comes from a real experience: a notice arrives in the mail, the deadline looks close, and the words can sound final. Florida law puts guardrails around cancellations and non-renewals, but those guardrails only help when you know what the notice actually means. A lawyer with Kuhn Raslavich will not only help you understand what the insurer is doing, but also fight back if the carrier is acting illegally.
Cancellation and Nonrenewal are Not the Same
A cancellation ends coverage before the policy term ends. A nonrenewal means the policy ends at the normal renewal date, and the insurer decides not to offer another term. Those two actions sound similar, but Florida treats them differently because timing affects your options.
For many Florida residential property policies, the insurer must give advance written notice and include the reason. The required notice period can be longer than most people expect, and special shorter notice rules may apply in limited situations, such as nonpayment.
Claim activity can be part of the company’s risk decision, but a claim does not automatically erase your rights. The key is whether the company is canceling midterm, or choosing not to renew at the end of the term, and whether the reason complies with the law.
Reasons an Insurer Cannot Cancel Your Policy
Florida statute 627.4133 limits midterm cancellations after the policy has been in force for more than 60 days. After that point, cancellation generally must be tied to specific grounds listed in the statute, such as nonpayment, a material misstatement, failure to meet underwriting requirements, or a substantial change in risk.
A claim can raise questions, but the reason still matters. During a review, a lawyer will look closely at whether the carrier is pointing to a lawful ground for cancellation or using claim language to cover a reason that does not fit the statute. The written notice and the dates on it often decide the next move.
Extra protections can apply after hurricanes or wind losses, when a declared emergency and an Insurance Regulation order are in place. In that situation, Florida law can restrict cancellation or nonrenewal for a period after repairs are completed, with specific exceptions such as nonpayment or fraud related to the claim.
What to Look for in a Cancellation or Nonrenewal Notice
A strong notice should tell you what action is being taken, when it becomes effective, and why. Florida requires the reason to be stated for many residential property notices, and the statute also addresses what happens when the required notice is not given.
A quick review should focus on concrete items, not general fear:
- The effective date, plus how many days away it is.
- The stated reason for the cancellation or nonrenewal.
- Whether the notice says “cancellation,” “nonrenewal,” or “premium change”.
- Whether an emergency hurricane or wind restriction might apply based on the loss and repair status.
Misstated dates, unclear reasons, and mixed terminology can change your timeline and leverage. A focused review is also useful when you are dealing with a mortgage requirement and you need clarity fast.
Can an Insurance Company Cancel Your Homeowners Policy? A Lawyer Will Answer This and Other Questions
If you are asking, “Can an insurance company cancel your homeowners policy after a claim?”, call Kuhn Raslavich. A thorough legal review can keep the carrier honest about the reason, the notice window, and any hurricane-related limits that might protect you. When you call Kuhn Raslavich Attorneys at Law at 877-352-7767 or use our online form for a free consultation, we will evaluate the notice, the policy, and the claim record. An attorney with our firm will explain what the law allows and what it does not, and take whatever action the law allows.
FREQUENTLY ASKED QUESTIONS (FAQ):
Can an insurance company cancel my homeowners policy after a claim in Florida?
In Florida, an insurer’s ability to cancel a policy after a claim depends on whether it’s a midterm cancellation or a nonrenewal, the timing, and the specific, lawful reason given in writing.
What is the difference between a policy cancellation and a nonrenewal?
A cancellation ends your policy coverage before the term expires. A nonrenewal is when the insurer chooses not to offer a new policy term when the current one reaches its normal end date.
What grounds allow an insurer to cancel a policy midterm?
After a homeowners policy has been in force for over 60 days, Florida law generally limits midterm cancellations to specific grounds like nonpayment of premium, a material misstatement on the application, or a substantial change in the risk.