Understanding Time Limits, Filing Requirements, Delays, and Your Rights

When someone passes away, life insurance may help families cover funeral costs, pay outstanding bills, protect a home, and maintain financial stability. But life insurance companies require claims to be filed properly and within certain time frames. If a claim is filed too late, benefits may be delayed or in some cases, denied completely.

Florida has rules that govern how long beneficiaries have to file a claim and how long insurers have to respond. Insurers may also be required to pay interest if they delay payment without valid reason.

This guide explains the Florida life insurance claim deadlines, what beneficiaries should know, and what to do if an insurer is delaying or denying a claim.

If you need help with a time-sensitive life insurance matter, you can contact the Law Offices of Jason Turchin at 800-337-7755 for a free consultation.

Is there a deadline to file a life insurance claim in Florida?

Florida does not have a single, universal filing deadline for all life insurance claims. Instead, deadlines may depend on:

• The policy terms
• Florida statutes
• ERISA rules (for employer-provided plans)
• Contractual notice requirements
• Whether the policy is individual or group-based
• Whether the death is under investigation
• Whether the claim ends up in probate

However, nearly every policy requires beneficiaries to provide “proof of loss” within a reasonable time.

What is a “reasonable time”?

Florida law does not define an exact number of days, but courts often view:

• 30 to 90 days as normal
• 6 to 12 months as still acceptable depending on circumstances
• More than 12 months potentially problematic though there may be several years to make a claim in many cases

Insurers may NOT deny a claim simply because a beneficiary filed late unless the delay significantly prejudiced the insurer.

What the life insurance policy itself may require

Most policies include a clause that says something like:

• “Submit proof of loss within a reasonable time.”
• “Provide written notice as soon as reasonably possible.”
• “Send completed claim forms promptly.”

Insurers sometimes use these terms to delay claims, but courts often rule that beneficiaries cannot be penalized for delayed filing if:

• They did not know the policy existed
• They were unable to access documents
• They were grieving
• They were waiting for autopsy or police reports
• The insurer did not suffer harm from the delay
• The death occurred out of state or abroad
• Another family member had possession of the documents

If you filed late, you may still have a valid claim.

How long do insurers have to pay a life insurance claim in Florida?

Under Florida Statute § 627.4615, insurers that delay payment without justification may owe:

• Interest from the date they received “proof of loss”
• Interest at an annual rate, which could be 8 to 12 percent depending on the year

Insurers cannot stall a valid claim indefinitely.

Florida’s Unfair Insurance Trade Practices Act also prohibits:

• Unreasonable delays
• Lack of prompt communication
• Failure to request necessary documents
• Failure to explain reasons for delay
• Failure to conduct a timely investigation

Beneficiaries can challenge delays especially when they cause financial hardship.

Time limits when the death is under investigation

Certain cases could require additional time because investigators must determine the cause of death. These include:

• Homicide investigations
• Suspicious or unexplained deaths
• Drug- or alcohol-related deaths
• Drownings
• Accidental deaths
• Deaths involving car accidents
• Deaths occurring overseas

Insurers may pause the claim while waiting for:

• Autopsy reports
• Toxicology results
• Medical examiner determination
• Police findings

However, this pause cannot last forever. Insurers must act reasonably and may not delay payment once necessary records are available.

Time limits for contestability period investigations

If the insured passed away within the first two years of the policy, the insurer may conduct a contestability review.

During this time, insurers may request:

• Medical records
• Pharmacy logs
• Doctor statements
• Emergency room records
• Prior insurance applications

Contestability investigations may take weeks or months, but insurers must work diligently and reasonably. If they delay excessively, you may be entitled to interest or additional remedies.

Can a life insurance claim be denied for filing too late?

A claim may be denied for lateness when:

• The policy explicitly requires timely notice
• The delay harmed the insurer’s ability to investigate
• The delay prevented the insurer from determining cause of death
• A court finds the beneficiary was negligent in filing

Most late filings can be excused.

Examples where late claims may still be valid:

• The beneficiary did not know the policy existed
• The beneficiary was not notified that they were listed
• The insured kept the policy secret
• The paperwork was lost in a move
• The death certificate was delayed
• The beneficiary was dealing with medical or personal issues
• The insurer failed to provide forms in a timely manner
• The beneficiary assumed another relative filed the claim
• The policy was found years later

Attorneys often fight to overturn denials based on alleged late filing.

Time limits for ERISA employer-provided life insurance

Employer-provided policies follow federal ERISA rules, not Florida law.

ERISA deadlines may include:

• Claim filing deadlines set by the plan
• Administrative appeal deadlines
• Time limits to file a lawsuit in federal court

Appeals must usually be filed within 180 days after denial.

Missing an ERISA deadline may harm your rights, so legal consultation may be helpful.

What if several years have passed?

Florida law may still allow a claim after several years if:

• The insurer was not harmed by the delay
• The policy did not specify a strict deadline
• The beneficiary acted reasonably under the circumstances
• The delay was caused by lack of notice or unavailable documents

Claims involving older policies may still be valid, especially when a beneficiary did not know the policy existed.

Time limits involving probate

When no beneficiary is listed, the life insurance may be paid to the estate.

This may trigger:

• Florida probate timelines
• Probate filing deadlines
• Creditor claim deadlines
• Court appointment of a personal representative
• Distribution under the will or intestacy law

Probate may take months or more than a year. Delays are common.

Deadlines involving minors

If a minor child is the beneficiary, the claim may require:

• Appointment of a guardian
• Court oversight
• Establishment of a trust or restricted account

These steps may extend the timeline.

Deadlines for wrongful death or homicide-related claims

If the insured died due to homicide or suspected foul play:

• Police investigations may delay claims
• Medical examiners may take time
• Courts may become involved
• The slayer statute may be reviewed

However, insurers must still act reasonably and cannot delay indefinitely.

How to speed up a Florida life insurance claim

You may want to consider:

• Providing necessary documents early
• Avoiding unnecessary statements
• Requesting explanations in writing
• Following up frequently
• Keeping all communications
• Hiring an attorney if delays continue

An attorney may help gather missing documents, challenge unreasonable delays, and pursue interest if the insurer fails to act promptly.

What to do if the insurer is delaying your claim

If your insurer is delaying the claim, you may want to:

• Request status updates in writing
• Ask specifically what documents are missing
• Request deadlines for review
• Warn the insurer that unreasonable delays may trigger interest
• Contact a life insurance lawyer

Insurers sometimes move faster when an attorney becomes involved.

What to do if your life insurance claim is denied for timing reasons

Denials based on timing issues can be overturned.

A lawyer may help by:

• Reviewing the denial letter
• Demonstrating that the insurer was not harmed
• Showing that the beneficiary acted reasonably
• Challenging improper application of deadlines
• Filing a lawsuit if necessary
• Recovering statutory interest
• Handling ERISA appeals

Beneficiaries should not assume that a timing-based denial is final.

Common questions Florida beneficiaries ask about deadlines

How long do I have to file a life insurance claim?

Most policies require filing within a reasonable time, not a strict deadline.

How long does the insurer have to pay?

Insurers must pay promptly or risk owing statutory interest.

Can a claim be denied for filing too late?

Only if the delay harmed the insurer or violated a clear policy term.

What if I did not know the policy existed?

Florida law may excuse the delay.

What if the insured died years ago?

Claims may still be possible, depending on the circumstances.

Areas of Florida we assist

We can help beneficiaries throughout Florida, including:

• Miami
• Tampa
• Orlando
• Jacksonville
• West Palm Beach
• Boca Raton
• Fort Lauderdale
• St. Petersburg
• Sarasota
• Fort Myers
• Delray Beach
• Boynton Beach
• Tallahassee
• Coral Gables
• Doral
• Hollywood
• Miramar
• Plantation and Sunrise

We also assist families nationwide when the insured lived or passed away in Florida.

Taking the next step

If you need help understanding life insurance claim deadlines in Florida, or if your insurer is delaying or denying your claim, you can contact the Law Offices of Jason Turchin at 800-337-7755 for a free consultation.

We can help you protect your rights, challenge unfair denials, and pursue the benefits your family may be entitled to receive.