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.
- Period
- Five calendar years from the actual date of loss
- Trigger
- Actual property loss date
- Rule
- 2026 Florida Statutes section 95.11(2)(e)
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?
- Confirm the proposed action concerns breach of a property-insurance contract.
- 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.
- Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
- 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 30What 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.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual property loss date | August 2, 2022 |
| Applicable period | Five calendar years from the actual date of loss | August 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 calculatorWhich 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.
- 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)
| Provision | Purpose |
|---|---|
| 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 95.10 | A foreign-barred cause requires a borrowing review |
| 2026 Florida Statutes section 95.11 | Applicable 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 95.10 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.050 | Applicable 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 30 | Corresponding-year anniversary arithmetic, including intervening leap years |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |