Last checked against the Florida Statutes and official sources on October 24, 2026. This is general information, not legal advice.
When a Florida property insurer is liquidated, the receiver administers the insurer's estate and FIGA handles eligible covered claims within statutory limits. Your policy does not necessarily end the instant liquidation is ordered, and your claim does not disappear. Replacement coverage, the receiver's filing deadline and any deadline to sue FIGA need separate attention.
What does an insolvent insurer mean, and who owns FIGA?
An insolvent insurer cannot meet its financial obligations. For FIGA purposes, section 631.54 defines an insolvent insurer by reference to a member insurer and a qualifying court liquidation order finding insolvency that has become final through exhaustion of appellate review. Financial trouble, a rating change or withdrawal from the market alone is not the same legal event.
The Florida Insurance Guaranty Association is a nonprofit corporation created by Florida law, not an insurer owned by a single private company. Eligible member insurers must participate as a condition of doing business. FIGA operates through a statutory board under an approved plan; board membership and appointments are governed by section 631.56 (sections 631.54-631.56, Florida Statutes).
In Florida receiverships, the Department of Financial Services serves as court-appointed receiver. Its Division of Rehabilitation and Liquidation administers the estate under court orders. FIGA's role is different: it pays eligible policy claims, subject to chapter 631. It does not sell you a replacement policy.
Does my homeowners insurance end immediately?
Section 631.57(1)(a) generally protects covered claims existing before insolvency and arising during the following 30 days, but the protection ends sooner if the policy expires or you replace or cancel it within that period. Read the actual liquidation order and cancellation notice for the operative dates. Do not assume the policy remains available until its original annual expiration.
For example, a policy scheduled to expire 10 days after the insolvency determination does not gain another 20 days simply because the statute mentions 30 days. Conversely, replacing the policy earlier changes the relevant coverage endpoint. The new policy's effective time should be confirmed with the agent.
Start arranging replacement insurance promptly and keep both policies and notices. If the old insurer still has an unpaid storm claim, distinguish that claim from protection against a new loss. Our discussion of Citizens coverage and transfers addresses related insurance-placement issues.
What claims can FIGA pay?
A covered claim must arise within the applicable policy coverage and limits and satisfy FIGA's statutory requirements. Section 631.54 includes unpaid covered claims and eligible unearned premiums. It requires a Florida connection: the claimant or insured was a Florida resident at the insured event, or the property is permanently located in Florida. The definition contains exclusions, so an unpaid bill is not automatically a covered claim.
Confirm that the insurer and policy qualify before relying on FIGA. Surplus lines coverage does not have FIGA protection; Florida requires a warning to that effect in surplus lines policies (section 626.924). An association's master policy also requires different limit analysis from an individual homeowner's policy.
What are FIGA's limits and deductibles?
| Claim category | Statutory protection |
|---|---|
| Ordinary covered claim | The general cap is $300,000, subject to policy obligations and statutory conditions. |
| Qualifying homeowner structure and contents | An additional $200,000 is available for the portion relating only to structure and contents damage, potentially bringing protection to $500,000. The statutory homeowner category excludes mobile-home, renter and tenant coverage, association commercial residential policies, and homeowners' association common-element coverage (section 631.54(7)). |
| Qualifying condominium or homeowners' association property claim | $200,000 multiplied by the number of residential units, subject to the policy limit, for associations responsible for insuring residential units. For homeowners' associations, this applies only to damage or loss to residential units and structures attached to those units. |
These are ceilings, not promised settlements. FIGA cannot owe more than the insolvent insurer owed under the policy (section 631.57). The additional homeowner protection does not turn every category of expense into a separate $500,000 benefit.
The former $100 FIGA deductible does not apply to companies liquidated on or after July 1, 2021. FIGA's FAQ distinguishes those liquidations from earlier ones, where the additional $100 applied. Your policy deductible still applies; eliminating FIGA's old deductible did not eliminate a hurricane or other policy deductible.
FIGA is deemed the insurer only to the extent of its covered-claim obligations and retains statutory and policy defenses. Section 631.57(1)(b) expressly excludes penalties and interest. Treating FIGA as an unrestricted substitute for the failed company would overlook those limits.
Which filing deadline or claim bar date applies?
There is no universal two-year FIGA submission deadline. Locate the insurer's current receiver page, liquidation order and claims notices. Section 631.181(3) requires notice of the court-fixed filing deadline, which must be at least six months after the insolvency order. That minimum is not permission to select your own deadline.
Two receivership dates can matter. The initial claims filing deadline determines whether proof is timely. The court can later set a final claims bar date under section 631.181(5), after which no additional claims may be filed. DFS expressly distinguishes these dates on its claims-information page.
Late filing before a final bar is not necessarily equivalent to timely filing. Section 631.181 provides limited exceptions and possible lower-priority treatment; for example, a court may allow relief for a previously unknown claim filed promptly after discovery, subject to the statutory conditions. Do not assume that an exception securing estate participation also preserves FIGA rights.
Follow the receiver's proof-of-claim instructions and retain submission evidence. The statute recognizes adequate existing claim records and certain alternative or waived proof procedures, but those provisions are not a reason to ignore a form addressed to you. Ask the receiver to confirm how your claim is recorded.
What is the separate deadline under section 631.68?
Section 631.68 bars a covered claim against FIGA and the insured if settlement is not effected and suit is not instituted against FIGA or the insolvent insurer's insured within one year after the receiver's claims-filing deadline, or an extension of that deadline. For a homeowner's first-party FIGA dispute, the relevant defendant is ordinarily FIGA.
This clock runs from the receiver's deadline, not from your denial letter, the storm or your last telephone call. Merely submitting a claim or continuing negotiations is not the statutory equivalent of settlement or filing suit. Do not substitute a later final estate bar date without verifying its legal effect. Our claim-deadline guide also distinguishes insurer notice from litigation deadlines.
Will FIGA refund unearned premium?
Unearned premium is the paid premium attributable to coverage that was not provided. FIGA processes eligible refunds after the receiver processes the policy records and sends the unearned-premium information. Its FAQ says these claims are deemed automatically filed by the receiver; refund processing can take weeks or months.
Use the actual cancellation or termination date, not just the liquidation date, when checking the unused coverage period. A policy that continues briefly after liquidation has earned premium for that continuing coverage. Keep payment records and check that the receiver and FIGA have the correct mailing address.
What happens to amounts FIGA does not cover?
Amounts above FIGA's cap and other claims outside its protection may remain claims against the insurer's estate. Submit the appropriate proof and supporting records to the receiver. Estate recovery depends on allowed claims, statutory priority and available assets; liquidation does not guarantee full payment or erase every liability.
Keep photographs, estimates, receipts, the policy, prior payments and correspondence organized. Our guide to proof of loss discusses claim documentation; a receiver's proof of claim is a separate filing. A property-insurance lawyer can review a specific FIGA dispute and its applicable deadlines.
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