A Notice of Intent to Litigate is a formal notice that a policyholder must provide to an insurance company before filing a lawsuit over certain insurance claim disputes in Florida. Under Florida insurance law, this notice gives the insurer an opportunity to review the claim, investigate unresolved issues, and potentially resolve the dispute before litigation begins.
For property owners dealing with insurance claims involving roof damage, storm damage, leaks, or denied coverage, understanding the Notice of Intent to Litigate process is important because it can affect the timeline, negotiation process, and legal options available.
Why Is a Notice of Intent to Litigate Required?
Florida created the Notice of Intent to Litigate requirement to encourage communication between insurance companies and policyholders before lawsuits are filed.
Insurance disputes can often be resolved through additional documentation, supplemental inspections, claim adjustments, or settlement discussions. The notice process gives both sides a final opportunity to address disagreements without immediately entering the court system.
The goal is to reduce unnecessary litigation while ensuring policyholders still have the ability to pursue legal remedies when an insurance company does not properly handle a claim.
When Is a Notice of Intent to Litigate Required?
A Notice of Intent to Litigate is generally required before a policyholder files a lawsuit against an insurer for certain residential and commercial property insurance disputes.
The notice typically applies when there is a disagreement regarding issues such as:
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Claim denials
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Underpayment of covered damages
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Delayed claim decisions
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Disputes over repair costs
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Disagreements about the scope of damage
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Failure to properly investigate a claim
For commercial property owners, this process may become relevant when insurance coverage disputes involve major building components such as roofing systems, structural damage, or storm-related repairs.
What Information Must Be Included in the Notice?
A valid Notice of Intent to Litigate must generally include important details that allow the insurer to evaluate the dispute.
This may include:
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The name and contact information of the policyholder
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The insurance claim information
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A description of the alleged insurance violation or dispute
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The amount being demanded or the estimated damages
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Information supporting the policyholder’s position
Providing complete and accurate information helps the insurer understand the disagreement and determine whether additional action is needed.
What Happens After the Notice Is Filed?
After receiving a Notice of Intent to Litigate, the insurance company has an opportunity to respond and review the claim.
The insurer may:
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Conduct another inspection
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Request additional documentation
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Reconsider the claim decision
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Offer a settlement
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Make additional payment
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Explain why coverage is being disputed
If the dispute cannot be resolved during this period, the policyholder may proceed with filing a lawsuit, provided all legal requirements have been satisfied.
How Does This Affect Commercial Roofing Claims?
Commercial roofing disputes are among the most common situations where insurance claim disagreements arise.
A commercial roof may experience damage from hurricanes, wind, hail, heavy rain, or other severe weather events. Insurance companies and property owners may sometimes disagree about:
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Whether the damage is covered
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The age and condition of the roof
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Whether repairs or replacement are necessary
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The cost of restoring the roofing system
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Whether damage resulted from a covered event or maintenance issues
Before pursuing litigation, property owners should maintain detailed records, including inspection reports, photographs, repair estimates, invoices, and communication with the insurance company.
Does Filing a Notice of Intent Mean a Lawsuit Is Guaranteed?
No. A Notice of Intent to Litigate does not automatically mean a lawsuit will happen.
Many disputes are resolved after the notice is submitted because both parties have an opportunity to reassess the claim and negotiate a solution. The notice is simply a required legal step that informs the insurer of the policyholder’s intention to pursue legal action if the dispute remains unresolved.
How Property Owners Can Protect Their Rights
Commercial property owners should take several steps before entering an insurance dispute:
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Document roof damage immediately
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Schedule professional inspections
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Keep copies of all insurance communications
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Maintain repair estimates and invoices
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Understand policy requirements and deadlines
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Work with experienced roofing and insurance professionals
A qualified commercial roofing contractor can help document the physical condition of the roof and provide detailed reports that support an insurance claim.
Frequently Asked Question
What is a Notice of Intent to Litigate under Florida insurance law?
A Notice of Intent to Litigate is a required pre-lawsuit notice that informs an insurance company that a policyholder intends to file a lawsuit regarding an insurance claim dispute. It gives the insurer an opportunity to review the claim, investigate further, and attempt to resolve the disagreement before litigation begins. For Florida commercial property owners, this process is especially important when disputes involve roof damage, storm claims, or disagreements over repair and replacement costs.
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