Insurance company stalling occurs when your insurer deliberately delays processing, investigating, or paying your claim without valid justification. In Florida, stalling tactics are common — and often illegal. Insurance companies use delays to pressure policyholders into accepting lowball settlements, giving up on claims entirely, or missing critical deadlines.
Recognizing stalling tactics and knowing how to respond protects your rights and gets your claim moving toward the settlement you deserve.
Common Insurance Company Stalling Tactics in Florida
Repeated Requests for the Same Documentation: You submit paperwork. A week later, the insurer asks for the same documents again, claiming they never received them or need “additional copies.” This cycle repeats, dragging out your claim for months.
Endless “Investigation” Without Updates: The insurer says your claim is “under investigation” but provides no timeline, no updates, and no explanation of what they are investigating. Weeks turn into months with no progress.
Adjuster Reassignments: Your claim gets transferred from adjuster to adjuster. Each new adjuster needs time to “review the file,” effectively restarting the process. This tactic is especially common after hurricanes when insurers are overwhelmed.
Lowball Offer Followed by Silence: The insurer makes an inadequate initial offer. When you reject it or ask questions, they stop responding. They hope the silence frustrates you into accepting their original offer.
Disputing Damage Causation Without Evidence: The insurer claims your damage was caused by something not covered — wear and tear, pre-existing conditions, or flood instead of wind — but provides no documentation supporting their position. They use the dispute as an excuse to delay payment.
Requesting Unnecessary Inspections: After their adjuster already inspected your property, the insurer requests additional inspections, engineering reports, or specialist evaluations. While sometimes legitimate, repeated inspection requests often serve only to delay.
Citing “Factors Beyond Our Control”: Florida law allows insurers to exceed the 90-day claim deadline if “factors beyond their control” prevent compliance. Some insurers abuse this exception, citing vague reasons to justify indefinite delays.
Florida Law: Insurance Company Deadlines
Florida Statute 627.70131 establishes clear deadlines insurers must follow:
14 Days: Acknowledge Your Claim: The insurer must acknowledge receipt of your claim in writing within 14 days, providing your claim number and adjuster contact information.
14 Days: Begin Investigation: The insurer must begin investigating by inspecting your property or requesting necessary information within 14 days.
90 Days: Pay or Deny: The insurer must pay or deny your claim within 90 days of receiving notice. If they cannot meet this deadline due to factors beyond their control, they must notify you in writing explaining why.
Penalties for Non-Compliance: Insurers who violate these deadlines may face regulatory action from the Florida Department of Financial Services. Policyholders may also have grounds for bad faith claims in certain circumstances.
If your insurer is missing these deadlines without valid justification, they are likely violating Florida law.
How to Recognize Legitimate Delays vs. Stalling?
Not every delay is stalling. Some delays are legitimate:
Legitimate Delays:
- High claim volume after a major hurricane (though this does not excuse indefinite delays)
- Waiting for your response to a specific documentation request
- Complex damage requiring specialized engineering assessment
- Coordination with multiple parties (mortgage company, contractors)
Stalling Tactics:
- No communication for weeks despite your follow-ups
- Repeated requests for documents you already provided
- Vague explanations like “still under review” with no specifics
- Missed statutory deadlines with no written explanation
- Adjuster reassignments that reset the process
- Refusal to provide a timeline or next steps
The key difference: legitimate delays involve clear communication and forward progress. Stalling involves silence, repetition, and excuses.
Steps to Take When Your Insurance Company Is Stalling
Step 1 Document Everything: Keep a detailed log of every interaction with your insurance company. Record dates, times, names of representatives, and summaries of conversations. Save all emails, letters, and documents. This record becomes evidence if you need to file a complaint or pursue legal action.
Step 2 Follow Up in Writing: After phone calls, send follow-up emails summarizing what was discussed and any commitments made. Written records are harder for insurers to dispute than verbal conversations. Always request responses in writing.
Step 3 Send a Formal Demand Letter: Write a letter to your insurance company that states your claim number and date of loss, lists the statutory deadlines and notes any that have been missed, documents your attempts to communicate and the insurer’s lack of response, demands specific action (payment, denial with explanation, or inspection) within 10 business days, and states that you will file a complaint with the Florida DFS if no action is taken. Send this letter via certified mail with return receipt requested and keep a copy.
Step 4 File a Complaint with Florida DFS: If the insurer continues stalling, file a formal complaint with the Florida Department of Financial Services at 1-877-693-5236 or online. The DFS investigates complaints and can take enforcement action against insurers violating Florida law. A DFS complaint often prompts faster response because insurers want to avoid regulatory scrutiny.
Step 5 Hire a Public Adjuster: A licensedpublic adjuster becomes your authorized representative. Insurers are legally required to communicate with your representative, which often breaks through stalling tactics. Public adjusters also know how to document delays as evidence and apply professional pressure to move claims forward.
Step 6 Consult an Attorney About Bad Faith: If stalling continues despite your efforts, consult a Florida insurance attorney about potential bad faith claims. While recent Florida legislation has changed some bad faith remedies, attorneys can advise on your specific options based on your insurer’s conduct.
Why Insurance Companies Stall Claims?
Understanding insurer motivations helps you respond effectively:
Time Value of Money: Every day an insurer holds your settlement money, they earn interest on it. Multiply this across thousands of claims, and delays become profitable.
Hoping You Give Up: Many policyholders abandon claims out of frustration. Insurers know that some percentage of claimants will accept lowball offers or simply stop pursuing their claims if delays drag on long enough.
Pressure to Accept Less: When you need money for repairs and your claim is stalled, you may feel pressured to accept an inadequate settlement just to get something. Insurers exploit this desperation.
Waiting for Deadlines to Pass: If you miss filing deadlines for supplemental claims or lawsuits because the insurer delayed, they may escape paying altogether. Stalling can run out your legal clock.
Resource Limitations: After major storms, insurers genuinely face adjuster shortages and high claim volumes. However, resource limitations explain delays — they do not excuse violations of statutory deadlines or justify indefinite stalling.
Your Rights When Your Claim Is Delayed
Florida law provides protections for policyholders facing delays:
Right to Written Explanations: You can demand written explanations for any delays or claim decisions.
Right to Your Claim File: You can request a complete copy of your claim file, including adjuster notes, photographs, estimates, and internal communications.
Right to Statutory Deadlines: Insurers must comply with Florida’s 14-day and 90-day deadlines or provide valid written explanations for delays.
Right to File Complaints: The Florida DFS accepts and investigates complaints against insurers who violate claim handling requirements.
Right to Representation: You can hire a public adjuster or attorney at any time to represent your interests and communicate with the insurer on your behalf.
Frequently Asked Questions
How long is too long for an insurance claim in Florida?
Florida law requires insurers to pay or deny claims within 90 days. If your claim has exceeded 90 days without payment, denial, or a valid written explanation for the delay, your insurer may be violating state law. Even within 90 days, a lack of communication or progress for several weeks suggests stalling.
Can I sue my insurance company for delaying my claim?
Florida law allows policyholders to pursue legal action against insurers in certain circumstances. Recent legislative changes have modified bad faith remedies, so consult an attorney about your specific situation. Filing a complaint with Florida DFS is often a good first step before considering litigation.
Will hiring a public adjuster speed up my stalled claim?
In most cases, yes. Public adjusters are licensed professionals who understand insurance company tactics and know how to apply pressure effectively. Insurers often respond faster when dealing with professional representation because they know the public adjuster will document delays and hold them accountable.
What if my insurance company says the delay is due to “factors beyond their control”?
Florida law allows insurers to exceed the 90-day deadline for factors beyond their control, but they must notify you in writing explaining the specific reasons. Vague explanations are not acceptable. If you believe the excuse is invalid, document it and include this information in your DFS complaint.
Should I accept a lowball offer just to end the delay?
No. Accepting an inadequate settlement means giving up your right to pursue the full amount you are owed. If your insurer is stalling, they may be hoping you will do exactly this. Get independent contractor estimates, document your actual damages, and consider hiring a public adjuster to negotiate a fair settlement rather than accepting less out of frustration.
Get Help With Your Stalled Florida Insurance Claim
Claim Defenders helps Florida homeowners break through insurance company stalling tactics. Our licensed public adjusters know how insurers delay claims and how to force action. We become your authorized representative, document all delays, and fight for the settlement you are owed.
If your insurance company is stalling your claim, contact Claim Defenders for a free claim review. If we do not recover money for you, you pay nothing.