The statutory clock
For Hurricane Ian (September 28, 2022 landfall):
- New-claim notice deadline: September 28, 2023: this window is closed
- Supplemental filing deadline: approximately March 28, 2024: this window is closed too
- Statute of limitations on contract action: approximately September 28, 2027 (5 years)
- Bad-faith SOL: separate clock, case-specific
So direct claim filing is time-barred. But litigation-based recovery remains possible in specific circumstances.
What's still recoverable
Claims still in litigation
Cases filed within the contract SOL (before September 2027) are still active. Settlement discussions continue.
Bad-faith claims
If the carrier's handling between 2022 and today constitutes bad faith, the CRN / bad-faith timing may still be actionable.
Prior-denied claims in litigation
Denied Ian claims where suit was filed within SOL remain recoverable.
Supplemental of supplemental (rare)
If an initial supplemental was filed within the 18-month window and handling produced additional documented scope, further recovery may still be possible.
Appraisal panel resolution
Appraisal panels on claims filed within window may still be ongoing, resolving 3+ years post-event.
What's not recoverable
- New Ian claims never filed
- Supplemental claims for damage newly discovered now
- Reopening of long-resolved claims
- Claims where full release was signed
Common post-Ian issues today
Lingering mold from inadequate mitigation
Mold from 2022 water damage emerging now. If the original water claim was covered and mold was identified within the supplemental window, recoverable. Now typically too late.
Structural damage now revealed
Hidden storm damage to framing, roofing, foundation discovered during unrelated renovation. If within a still-active claim, recoverable. Otherwise difficult.
Settlement disputes still in litigation
Legal proceedings continue. First-party attorney handles.
Contractor payment disputes
Contractors paid from settlements but work not completed to standard. Separate civil matter from insurance claim.
If you're still dealing with Ian damage
Option 1: Existing litigation
If your claim is in litigation, continue through that process. Documentation still matters.
Option 2: Prior-represented claims
If you had representation, check with your PA or attorney on remaining options.
Option 3: Unrepresented / newly-discovered
Challenging. Most windows are closed. Attorney consultation recommended to evaluate any remaining path.
Option 4: Private rebuilding
Out-of-pocket remediation of remaining damage. Not insurance-recoverable.
Lessons for future storms
The statutory windows are compressed post-2022 reform. The 1-year notice and 18-month supplemental windows move fast. Don't wait.
For any Florida homeowner:
- Notify immediately
- Document thoroughly and immediately
- File supplementals proactively (even "precautionary" ones within the window)
- Consider representation for significant claims
Ocean Point's post-Ian work
We continue to represent clients on Ian-era claims still in litigation or late-stage resolution. For new inquiries on Ian-specific damage, we'll honestly evaluate what's still possible and refer to attorneys when litigation is the only remaining path.