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Ocean Point Claims:first party vs third party claims

First-Party vs. Third-Party Insurance Claims

The same insurance policy can be involved in two very different claim types. Knowing which applies to your situation changes the playbook entirely.
Reviewed by Eli Goins, FL DFS License #P159790 · Last updated
By Eli Goins · FL DFS #P159790 · Published: · 2 min read

First-party claims

A first-party claim is a claim by you, the policyholder, against your own insurance company for damage to your own property.

Examples:

  • Hurricane damage to your house → first-party
  • Fire damage to your home → first-party
  • Pipe burst flooding your floor → first-party
  • Tree falling on your roof → first-party

Your policy's Coverage A through D handle first-party property claims.


Third-party claims

A third-party claim is a claim by someone else against your insurance company for damage or injury they suffered because of you.

Examples:

  • Guest slips on your pool deck and sues you → third-party (their claim against your liability coverage)
  • Your tree falls on neighbor's property → third-party (their claim)
  • Dog bites visitor → third-party (their claim)

Your policy's Coverage E (liability) and Coverage F (medical payments) handle third-party claims.


Ocean Point Claims:public adjuster vs attorney which do i need

Why the distinction matters

Different adjusters

First-party claims are handled by property claim handlers. Third-party claims are handled by liability adjusters. Different training, different procedures.

Different burdens of proof

First-party: you must prove the loss occurred and is covered. Third-party: the claimant must prove the insured is legally liable.

Different defenses

First-party: policy exclusions, coverage conditions. Third-party: no liability, comparative negligence, no legal duty.

Different statutes of limitations

First-party contract actions: 5 years in Florida. Third-party tort actions: 2 years for negligence (significantly shorter).


Can a public adjuster represent you in both?

Florida public adjusters are licensed for first-party claim representation. Third-party liability claims against you or on your behalf typically require attorney representation.


Steps before water damage claim

Coverage categories by claim type

CoverageFirst-partyThird-party
A (Dwelling):
B (Other structures):
C (Personal property):
D (Loss of use / ALE):
E (Liability):
F (Medical payments):

Mixed scenarios

Some events trigger both:

  • Your tree falls on your house AND neighbor's house → first-party (your tree on your property) + third-party (neighbor's claim against your liability)
  • Fire in your home injures a visitor → first-party (your property) + third-party (visitor's claim)

Each is handled separately, often by different adjusters.


Ocean Point Claims:public adjuster vs attorney which do i need

When you need attorney representation

  • Third-party claims (always)
  • First-party claims involving bad faith
  • First-party claims in litigation
  • First-party claims with significant complexity or coverage disputes

Ocean Point handles first-party; we coordinate with attorneys on third-party or bad-faith matters.

Related

Reviewed by Eli Goins, FL DFS License #P159790 · Last updated

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