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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.

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.


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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.


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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.


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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.

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