Short answer: Escalate a disputed Florida claim in stages: start with a written, documented demand to your insurer, then request free DFS mediation (627.7015) or invoke appraisal for valuation disputes. For suspected bad faith, file a Civil Remedy Notice (624.155). First-party litigation stays the binding last resort when the other paths fail to produce a fair resolution.
Path 1: Written demand with documentation
Before escalating, always run the documented-demand cycle first. A clear, statute-cited written demand with Xactimate estimate and photo evidence produces movement on maybe 40% of stuck claims, and creates the record you'll need if you escalate further.
Path 2: DFS Mediation (Fla. Stat. 627.7015)
Best for: scope/pricing disputes, amount-of-loss disagreements, when both parties want resolution Cost: typically $350 total (carrier pays); policyholder cost usually $0 Binding: non-binding; either party can walk Timeline: 2-8 weeks to schedule; single session 2-4 hours Outcome: when it settles, settles on the day; 60-70% settlement rate
Path 3: Appraisal (policy clause)
Best for: amount-of-loss disputes where coverage isn't contested Cost: each party pays their own appraiser ($200-$500/hr); umpire split 50/50 Binding: binding on amount of loss Timeline: 60-120 days depending on panel scheduling Outcome: award signed by any two of three (two appraisers + umpire)
Use appraisal when the carrier acknowledges coverage but won't agree on value.
Path 4: Civil Remedy Notice (Fla. Stat. 624.155)
Best for: carrier bad faith, statutory violations, deadline breaches, pretextual denials Cost: filing is free; attorney fees if litigation follows Binding: starts a 60-day clock; carrier cures or faces bad-faith exposure Timeline: 60-day cure window Outcome: often produces settlement within the 60 days; if not, preserves first-party bad-faith cause of action
Path 5: First-party insurance litigation
Best for: coverage disputes, bad-faith actions, significant damages, complex commercial claims Cost: contingency counsel typical; fees historically shifted by statute (modified by 2022-2023 reform) Binding: yes (judgment) Timeline: 12-36 months typical Outcome: judgment or settlement; most first-party cases settle before trial
How to choose
| Situation | Path |
|---|---|
| Scope/pricing dispute, coverage OK | Mediation first, then appraisal |
| Denial on coverage grounds | CRN, then litigation if not cured |
| Missed statutory deadlines | CRN (creates bad-faith record) |
| Large commercial, complex coverage | Litigation with counsel |
| Speed matters more than amount | Mediation |
| Final binding number matters | Appraisal |