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Guide

Policyholder claim and lawsuit deadlines by state

By Alishahi Insurance, independent broker · CA License #4348151 · Updated October 2026 · En español

Short answer: Your own deadlines matter as much as your insurer's. In Florida, notice of a new property claim must be given within 1 year of the loss. California's standard fire policy terms require a lawsuit within 12 months (24 months after a declared emergency), Minnesota, Maine and Massachusetts allow 2 years, Rhode Island 24 months, New Hampshire 12 months, and Michigan at least 1 year with tolling while the claim is pending. Colorado bars homeowners policies from shortening the legal deadline to sue.

This table covers the policyholder's deadlines. For what the insurer must do after you file, see our insurance claim deadlines by state.

The table

StateDeadlineDetailsSource
CaliforniaLawsuit: within 12 months after the loss begins under the standard fire policy termsExtended to 24 months for a loss related to a declared state of emergencyCal. Ins. Code §2071
ColoradoLawsuit: a homeowners policy can't require you to sue sooner than the applicable statute of limitationsApplies to homeowners policies issued or renewed on and after January 1, 2014C.R.S. §10-4-110.8(12)
FloridaNotice: a new or reopened property claim is barred unless notice is given within 1 year after the date of lossSupplemental claims: notice within 18 months after the date of loss. Deadlines are tolled for servicemembers deployed to a combat zoneFla. Stat. §627.70132
MaineLawsuit: within 2 years after the loss begins under the standard fire policy termsYou must also meet the policy's other requirements first24-A M.R.S. §3002 (standard fire policy, Suit)
MassachusettsLawsuit: within 2 years from the time the loss occurred under the standard fire policyIf the amount of loss went to referees within those 2 years, you have at least 90 days after a valid award (or after the reference is waived)M.G.L. c.175 §99 (standard fire policy)
MichiganLawsuit: within 1 year after the loss or the time in the policy, whichever is longerThe time is tolled from when you notify the insurer of the loss until it formally denies liabilityMCL §500.2833(1)(q)
MinnesotaLawsuit: within 2 years after the loss begins under the standard fire policy termsYou must also meet the policy's other requirements firstMinn. Stat. §65A.01 subd. 3
New HampshireLawsuit: within 12 months after the loss begins under the standard fire policy termsYou must also meet the policy's requirements firstRSA 407:22 (standard fire policy, Suit)
OregonLawsuit: a fire policy must allow suit within 24 months after the loss beginsSuit also requires that the policy's requirements were complied withORS 742.240
Rhode IslandLawsuit: within 24 months after the loss begins under the standard fire policy termsYou must also meet the policy's other requirements firstR.I. Gen. Laws §27-5-3 (standard fire policy, Suit)
UtahLawsuit: an action on a first-party insurance policy must be started within 3 years after the loss beginsA policy can't shorten the time allowed by statute. Generally you can't sue to compel payment until 60 days after proof of loss, the insurer waives proof of loss, or it denies full payment, whichever is firstUtah Code §31A-21-313
WisconsinLawsuit: an action on a fire insurance policy must be started within 12 months after the loss beginsAlso applies to riders or endorsements for loss to property from any cause, and to separate windstorm or hail policiesWis. Stat. §631.83(1)(a)

We list only states where we read the official text ourselves in October 2026. A state that is missing is not covered here; check that state's statute or insurance department.

Protect your deadlines

  • Report damage to your insurer right away, in writing, even if you're still getting estimates.
  • Read the "Suit against us" or "Legal action" section of your policy for its deadline.
  • Calendar the dates and keep proof of every notice you send.
  • Talk to a lawyer early if a dispute might end up in court. This page is general information, not legal advice.

See also public adjuster rules by state.

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Methodology

Each row was read from the official source linked in the Source column in October 2026. This is general information, not legal advice. See also the state insurance rules hub.

Frequently asked questions

How long do I have to report a property claim in Florida?

Notice of a new or reopened claim must be given within 1 year after the date of loss, and a supplemental claim within 18 months (Fla. Stat. §627.70132).

How long do I have to sue my home insurer in California?

The standard fire policy terms in Ins. Code §2071 require suit within 12 months after the loss begins, extended to 24 months for losses tied to a declared state of emergency.

Can my policy shorten the time to sue in Colorado?

No. Since 2014, Colorado homeowners policies can't require suit sooner than the applicable statute of limitations.

Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. Not legal, tax or financial advice, and not a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.

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