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United States · Florida limitation periods

When must a Florida property-insurance contract breach action be commenced?

Section 95.11(2)(e) gives five years for breach of a property-insurance contract, running from the date of loss. Its event differs from the ordinary written-instrument accrual category. Enter the actual covered loss date after establishing the claim category. The calculator does not decide coverage or separate notice requirements.

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Period
Five calendar years from the actual date of loss
Trigger
Actual property loss date
Rule
2026 Florida Statutes section 95.11(2)(e)
Florida limitation, repose, accrual and tolling statutes

2026 Florida Statutes, retained 2022 edition, reviewed 2023 and 2024 laws, and current court compilations

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Which actual event starts this Florida limitation period?

Confirm the proposed action concerns breach of a property-insurance contract.

Establish the actual date of the loss from the relevant facts and records.

Keep the loss date separate from policy execution, claim submission, insurer denial and later correspondence.

2026 Florida Statutes section 95.11(2)(e)

How does Florida treat this limitation?

  1. Confirm the proposed action concerns breach of a property-insurance contract.
  2. Establish the stated statutory category and its actual trigger first. Add the stated number of calendar years to its corresponding month and day. Apply the governing final-day treatment. Do not replace the legally established trigger with a later bill, demand, discovery or denial unless its governing provision supplies that event.
  3. Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
  4. Complete the required act with the proper court or recipient.

Use the corresponding calendar-year anniversary of the independently established event. Intermediate weekends, holidays and leap-year days do not convert a year into 365 working or calendar days. Rule 2.514(a)(1)(C),(5),(6) moves an ineligible final day to the next eligible day. Check the observed statutory holidays, additional clerk holidays and chief-justice directions. This ordinary limitation calculation does not extend repose or decide any tolling interval.

McBride v. Guzina, M.D. Fla., order, pages 29 and 30

What do the independently derived facts show?

Fictitious example

Fictitious facts. Use this property-insurance contract breach category and its actual loss date. Preserve the policy, claim and loss records. Review separate statutory prerequisites and coverage independently. The legally established event is 2022-08-02. No tolling, different statutory category, additional clerk holiday or changed court direction applies.

Example counting steps
StepWhat is countedDate
Established eventActual property loss dateAugust 2, 2022
Applicable periodFive calendar years from the actual date of lossAugust 2, 2027
Example resultAugust 2, 2027

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

Try these dates in the calculator

Which Florida limitation qualifications change the procedure?

The date of loss is expressly prescribed
Paragraph (2)(e) applies notwithstanding the ordinary written-instrument paragraph and states that the period runs from the date of loss. A later insurer denial is not automatically substituted as the starting event.
Calendar calculation does not decide coverage
The provision identifies a property-insurance breach action and its event. It does not establish that a particular loss is covered, that notice was sufficient or that all claim-specific prerequisites have been completed. Preserve the actual policy and applicable law separately.
Tolling must be independently established
Section 95.051 lists the permitted grounds and referenced laws. Absence, false name or concealment does not toll if sufficient jurisdictional service remains available. Minority and incapacity have stated conditions. This preset does not reconstruct tolling from negotiation, demand correspondence or a disputed factual interval.
A foreign-barred cause requires a borrowing review
Section 95.10 bars maintaining a cause that arose elsewhere when that jurisdiction already bars it through lapse of time. Preserve the actual place of accrual and governing law. A Florida calendar result does not revive that cause.
2026 Florida Statutes section 95.11(2)(e)
  • This calculation does not decide the legal claim category, accrual, due diligence, tolling, an expired claim or valid commencement.
  • Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

What must be filed, served and preserved?

Questions about this Florida limitation act

When must a Florida property-insurance contract breach action be commenced?

Can I always start five years from denial?

No. Paragraph (2)(e) expressly runs from the date of loss.

2026 Florida Statutes section 95.11(2)(e)

Does signing or renewing the policy start this loss clock?

The prescribed event is the actual loss, not policy execution or renewal.

2026 Florida Statutes section 95.11(2)(e)

Does the result establish coverage or compliant notice?

No. The calculator applies the stated loss-based period after classification. Coverage and other prerequisites require their own review.

2026 Florida Statutes section 95.11(2)(e)

Official Florida limitation sources and review

Provisions used (14)
Provisions used in this guide
ProvisionPurpose
2026 Florida Statutes section 95.11(2)(e)The responsible actor, actual event and stated procedural period
2026 Florida Statutes section 95.11(2)(e)The date of loss is expressly prescribed
2026 Florida Statutes section 95.11(2)(e)Calendar calculation does not decide coverage
2026 Florida Statutes section 95.051(1),(2)Tolling must be independently established
2026 Florida Statutes section 95.10A foreign-barred cause requires a borrowing review
2026 Florida Statutes section 95.11Applicable computation, filing, service and proof
2026 Florida Statutes section 95.031(1)Applicable computation, filing, service and proof
2026 Florida Statutes section 95.051(1),(2)Applicable computation, filing, service and proof
2026 Florida Statutes section 95.10Applicable computation, filing, service and proof
Florida Rule of Civil Procedure 1.050Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.525(b),(e)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.514(a)(4)Applicable computation, filing, service and proof
McBride v. Guzina, M.D. Fla., order, pages 29 and 30Corresponding-year anniversary arithmetic, including intervening leap years
2026 Florida Statutes section 110.117(1)Observed statutory holidays and weekend substitutions
Read the current Florida limitation statute

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