Health · Chapter 18 · Claims Provisions
Legal Actions
Definition
Mandatory provision: the insured may bring no lawsuit against the insurer over a claim until at least 60 days after filing written proof of loss (gives the insurer time to investigate). F.S. 627.616 sets no deadline of its own — it bars suit after the applicable statute of limitations runs from the date proof of loss was required. For a written insurance contract that limitation is 5 years (F.S. 95.11(2)(b)). The NAIC model states 3 years outright.
In plain English
Sue no sooner than 60 days; the outer deadline is whatever the state's contract statute of limitations says — 5 years in Florida.
Exam tip
Both clocks hang off proof of loss, not the date of the loss itself. Florida = 60 days / 5 years; national materials teach the model's 3. ⚠️ The 5 years is the general contract limitation (F.S. 95.11(2)(b)), not a number written into 627.616 — and 2023's HB 837 left written contracts at 5 years while cutting negligence to 2.
Easy to confuse with
These are what this term gets tested against — if you can't tell them apart cold, drill the contrast.
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