Hurricane, wind and hail claim deadlines by state
Short answer
A hurricane, wind or hail claim runs on two sets of clocks: the owner's time to report the loss and to sue, and the insurer's time to acknowledge, decide and pay. State law sets some of these limits and the policy sets the rest. Florida and Texas (for TWIA policies) set a hard deadline in law to report a claim. Across the hail belt, state law more often limits how short a policy's time to sue can be: at least 1 year in Oklahoma, at least 3 years for North Dakota fire policies, and contract limits on the time to sue are void in South Dakota, Missouri and Montana.5,1,2,29,34,32,40,41 Many states also give insurers more time after a declared catastrophe. The first table covers eight Gulf and Atlantic states and the second twelve hail belt states, with each state's details below.
Cloudbreak team · Updated November 1, 2026 · 12 min read · 44 sources

Hurricane and wind deadlines at a glance
| State | Reporting the claim | Insurer deadlines | Effective date |
|---|---|---|---|
| Texas | TWIA: 1 year from the date of damage; the commissioner may extend it up to 180 days for good cause. Other wind insurers in the TWIA catastrophe area: a policy may require 1 year if it allows later claims for good cause. | Acknowledge: 15 days after written notice of claim. Decide: 15 business days after all requested items, or 45 days after notice of a delay. Pay: 5 business days after acceptance. TWIA: decide 60 days after all requested information, pay 10 days after acceptance. | TWIA and catastrophe area rules: September 28, 2011 (TWIA rule amended September 1, 2019). Chapter 542: April 1, 2005 |
| Florida | New or reopened claim: 1 year after the date of loss. Supplemental: 18 months. Any peril; all property insurance, surplus lines included. | Residential property insurers, apartment and condominium association policies included: acknowledge 7 days; inspect, if needed, 30 days after proof of loss. Pay or deny: 60 days after notice, also for commercial buildings of 10,000 square feet or less. | Claim limits: December 16, 2022, for policies issued or renewed after it. Insurer deadlines: March 1, 2023 |
| Louisiana | Set by the policy. After a declared disaster, at least 180 days for proof of loss. | Start adjusting: 14 days, or 30 in a catastrophe. Pay: 30 days after satisfactory proof of loss; in a catastrophe, 60 days for residential and 90 days for other immovable property. | 180-day rule: policies delivered after April 18, 2006. Catastrophe payment rule: July 1, 2024. Others: as amended through 2025 |
| Mississippi | Set by the policy | None stated in department guides | No statute cited |
| Alabama | Set by the policy | Acknowledge and send claim forms: 15 days. Decide: 30 days after proof of loss. Pay: 30 days after agreement. A policy may set its own period for both. | June 9, 2003; amended effective January 1, 2020 and May 16, 2020 |
| South Carolina | Set by the policy | Proof of loss forms: 20 days after notice. Acknowledging claim communications: "reasonable promptness". | 38-59-10: 1947. 38-59-20: 1974. Both recodified 1987 |
| North Carolina | Standard fire policy: immediate written notice; sworn proof of loss within 60 days unless the insurer extends it in writing. | Pay: 60 days after proof of loss and the amount of loss is set. Acknowledge: 30 days (department FAQ for homeowners). | January 1, 2010, for policies issued or renewed from then |
| Georgia | Set by the policy. From January 1, 2027, the commissioner may extend it after a declared catastrophe. | Claim forms: 15 calendar days after a request. From January 1, 2027, if the commissioner directs after a declared catastrophe: acknowledge 15 days, decide 60 days after proof of loss, pay 10 days. | 33-6-34: 1992, last amended July 1, 2023. 33-3-28.1: January 1, 2027 |
Hail belt deadlines at a glance
| State | Reporting the loss | Time to sue | Law |
|---|---|---|---|
| Texas | TWIA: 1 year from the date of damage; the commissioner may add up to 180 days for good cause. Any contract: a notice term shorter than 90 days, as a condition to sue, is void. | A contract limit shorter than 2 years is void. Wind and hail insurers in the TWIA catastrophe area: no earlier than 2 years after the claim is accepted or rejected or 3 years after the loss, whichever comes first. | Insurance Code 2210.205 and 2301.010; Civil Practice and Remedies Code 16.070 and 16.071 |
| Oklahoma | No state rule for wind and hail | Any property policy: at least 1 year from the date of the event that caused the loss. Standard fire policy, fire losses: 12 months after inception of the loss. | 36 O.S. 3617 and 4803 |
| Kansas | No state rule | No state rule | No statute found |
| Nebraska | No state rule | Not below the state's statutes of limitations unless the insurance chapter provides otherwise. Written contracts: 5 years. | Neb. Rev. Stat. 44-357 and 25-205 |
| South Dakota | No state rule | Contract terms limiting the time to sue are void. Contract actions: 6 years. | SDCL 53-9-6 and 15-2-13 |
| North Dakota | No state rule for wind and hail | Fire insurance policies, commercial included: no suit limit shorter than 3 years. | N.D.C.C. 26.1-39-06 |
| Colorado | No state rule | Homeowner's policies only, issued or renewed from January 1, 2014: not shorter than the statute of limitations, 3 years for contract actions. Commercial policies: no state rule. | C.R.S. 10-4-110.8(12) and 13-80-101 |
| Minnesota | Hail-specific policies must state the form, manner and length of notice of a loss. | Standard fire policy, fire losses: 2 years after inception of the loss. Hail-specific policies: 1 year after the loss. A 2024 federal ruling held the 1-year rule does not reach all-risk policies and applied a 2-year minimum. | Minn. Stat. 65A.01 and 65A.26; Minn. R. 2700.0300 |
| Iowa | No state rule for wind and hail | Standard fire policy, fire losses: 12 months after inception of the loss. Forms that add wind and hail may set their own terms for those perils. | Iowa Code 515.109 |
| Missouri | No state rule | Contract terms limiting the time to sue are void. | RSMo 431.030 |
| Wyoming | No state rule | No state rule | No statute found |
| Montana | No state rule | Contract terms limiting the time to enforce them are void. Written contracts: 6 years. | MCA 28-2-708 and 27-2-202 |
No state rule means no statute or regulation on that point was found. There, the policy's own notice and suit terms govern; the standard ISO commercial property form asks for prompt notice of the loss, with no set number of days. Each row applies to commercial policies unless it says otherwise.43
Florida
In Florida, for policies issued or renewed after December 16, 2022, notice of a new or reopened claim under any property insurance policy is due within 1 year after the date of loss, and notice of a supplemental claim within 18 months. For a hurricane, the date of loss is the landfall date.5,9,7,10
The rule, section 627.70132, covers any property insurance policy, surplus lines included, for loss from any peril; Florida defines property insurance as insurance on real or personal property of every kind. It has no residential or building size limit.5,9,6,7
- Reopened claim: a closed claim reopened at the insured's request for added costs on damage already disclosed.5
- Supplemental claim: added loss from the same peril that the insurer already adjusted, or costs of completing repairs under an open, timely claim.5
- Date of loss: landfall for a hurricane; for a tornado, windstorm, severe rain or other weather event, the date NOAA verifies it.5
Florida's insurer deadlines in 627.70131 bind residential property insurers, and residential coverage includes condominium association, cooperative association and apartment building policies. The 60-day pay or deny rule also covers commercial buildings of 10,000 square feet or less, but not nonresidential commercial policies covering more than one state. It can be extended by at most 30 days after a Governor's state of emergency.6,8,7
Louisiana
In Louisiana, the policy sets when notice is due; the Department of Insurance lists notice of loss among the policy's duties.14
Under R.S. 22:1264, for policies delivered after April 18, 2006, the proof of loss period after a declared disaster is at least 180 days. It does not start while an emergency declaration is in effect and authorities keep the insured off the property.13
For the insurer's deadlines, a catastrophic loss is one from a natural disaster, windstorm or significant weather event declared an emergency or disaster by the President or the Governor. The commissioner may add up to 30 days to the 30-day start.11
Under R.S. 22:1892.2, effective July 1, 2024, the commissioner can also add up to 30 days to the 90-day catastrophe payment deadline for commercial policies on multiple locations.12
Texas
In Texas, TWIA policyholders have 1 year from the date of damage to file a claim, and the commissioner may extend it up to 180 days for good cause.1,2
TWIA policies must also give notice of the deadlines for supplemental payments (Insurance Code 2210.205). Under chapter 542, eligible surplus lines insurers get 30 business days to acknowledge and 20 business days to pay, and a weather catastrophe, as the commissioner defines it, adds 15 days.2,4
Across Texas, for hail and wind as for any loss, a contract term requiring notice of a claim in less than 90 days as a condition to sue is void, and so is a time limit to sue shorter than 2 years (Civil Practice and Remedies Code 16.070 and 16.071).28
For wind and hail insurers in the TWIA catastrophe area, Insurance Code 2301.010 allows a suit limit that ends no earlier than 2 years after the insurer accepts or rejects the claim or 3 years after the loss, whichever comes first, and a 1-year claim term that must allow later claims for good cause.3
Mississippi, Alabama and South Carolina
In Mississippi, Alabama and South Carolina, the policy's own notice terms set the reporting deadline.15,17,19,20
In Mississippi and South Carolina, the department post-disaster guides, written for homeowners, list the time to file a claim as a question to ask the insurer. A Mississippi department release of March 16, 2025, says a policy may require notice within a certain time.16,20,15
In Alabama, an insurer may deny a claim for late notice only under a specific policy provision or a breach of the policy. If it needs more than 30 days to decide, it must say why and update the claimant every 45 days.17,18
In South Carolina, if an insurer that requires a proof of loss does not send the form within 20 days of notice, written proof of the loss sent within the policy's time meets the requirement.19
North Carolina
In North Carolina, the standard fire policy calls for immediate written notice of a loss and bars suit unless it starts within three years after inception of the loss.21
Every fire policy on North Carolina property, except auto and marine policies, must conform in substance to the standard fire policy in G.S. 58-44-16; other perils are added by written endorsement. The Department of Insurance's homeowners FAQ says no specific time limit applies to settling a claim.21,23
Georgia
In Georgia, the policy's own notice terms set the reporting deadline.27
Georgia's unfair claims settlement law lists, as unfair practices, failing to provide claim forms within 15 calendar days of a request and failing to acknowledge claim communications with reasonable promptness.24
Georgia House Bill 1344, signed May 12, 2026, adds section 33-3-28.1 for policies issued or renewed on or after January 1, 2027. After a hurricane, windstorm, hail storm or other event declared a disaster or emergency by the President or the Governor, the commissioner may extend the time to file claims when qualified resources are lacking and may direct the insurer deadlines in the table.25,26
Hail belt states
- Standard fire policies: Iowa, Minnesota and Oklahoma write a standard fire policy into law, with immediate written notice of a loss and a fixed time to sue, and North Dakota adopts the 1943 New York standard fire policy. All four let forms that add other perils, such as wind and hail, carry different terms that apply only to those perils. In Minnesota, the state supreme court has held that the standard fire policy's terms apply only to fire losses under an all-risk policy.29,34,37,39,44
- Oklahoma: a property policy may not limit the time to sue to less than 1 year from the date of the event that caused the loss; such a term is void, and the rest of the policy stands. Under the fire insurance article, an insurer can rely on a 60-day sworn proof of loss deadline only if it sent two blank proof of loss forms with a bold warning of the deadline and gave 60 days from their receipt.29
- Minnesota: every policy of insurance against damage by hail must say that no suit can be brought unless started within 1 year after the loss occurred, and must set the form, manner and length of notice of a loss. In an order of December 19, 2024, a federal court in Minnesota read this as covering hail-specific policies, such as crop hail, and not all-risk policies. It applied a Commerce Department rule that bars filing any casualty insurer's policy form with a suit limit under 2 years, and held a 2-year limit applied to a condominium association's all-risk policy. The standard fire policy allows 2 years after inception of the loss.38,37,44
- North Dakota: every fire insurance policy on North Dakota property must conform to the 1943 New York standard fire policy, and none may limit the time to sue to less than 3 years. The rule does not apply to inland marine, ocean marine or automobile insurance. Endorsements that add other perils may carry terms that apply only to those perils.34
- Nebraska: an insurer may not issue a policy in Nebraska that limits the time to sue below the state's statutes of limitations, unless the insurance chapter provides otherwise. Actions on written contracts have 5 years.30,31
- South Dakota, Missouri and Montana: state law voids contract terms that limit the time to sue, so the general limits for contract actions apply: 6 years in South Dakota and 6 years for written contracts in Montana. Missouri's Revisor of Statutes notes a federal appeals ruling that its rule covers insurance policies.32,33,40,41,42
- Colorado: since January 1, 2014, an insurer may not issue or renew a homeowner's insurance policy that sets a time to sue shorter than the statute of limitations, which is 3 years for contract actions. The rule names homeowner's insurance only, not commercial policies.35,36
- Iowa: the standard fire policy bars suit unless started within 12 months after inception of the loss, and requires a sworn proof of loss within 60 days of the loss unless the insurer extends it in writing.39
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Questions
- How long do I have to file a hail claim?
- In most hail belt states no statute sets a deadline to report hail damage, so the policy's notice terms govern; the standard ISO commercial property form asks for prompt notice with no set number of days. Texas sets 1 year for TWIA policies. State law more often limits the time to sue: at least 1 year in Oklahoma and at least 3 years for North Dakota fire policies.43,1,2,29,34
- How long do I have to file a hail claim in Colorado?
- No Colorado statute sets a deadline to report hail damage, so the policy's notice terms govern. For homeowner's policies only, issued or renewed since January 1, 2014, the policy may not set a time to sue shorter than the statute of limitations, which is 3 years for contract actions. The rule does not name commercial policies.35,36
- How long do I have to file a hurricane claim in Florida?
- 1 year after the date of loss for a new or reopened claim and 18 months for a supplemental claim, under policies issued or renewed after December 16, 2022. For a hurricane, the date of loss is the landfall date. The rule covers property insurance of every kind, surplus lines included.5,7,9,10
- What is the deadline for a wind damage claim in Louisiana?
- The policy sets when notice is due, and the Department of Insurance lists notice of loss among the policy's duties. After a declared disaster, the proof of loss period is at least 180 days. Supplemental claims are controlled by the policy but generally available for up to two years, the department says.13,14

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Sources
Written by the Cloudbreak team. Numbers, dates and rules cite the published sources below.
- 1. Texas Windstorm Insurance Association: Claims process
- 2. Texas Legislature: Texas Insurance Code Chapter 2210, Texas Windstorm Insurance Association (section 2210.205)
- 3. Texas Legislature: Texas Insurance Code Chapter 2301, Policy Forms (section 2301.010)
- 4. Texas Legislature: Texas Insurance Code Chapter 542, Processing and Settlement of Claims
- 5. Florida Legislature: Florida Statutes 627.70132, Notice of property insurance claim
- 6. Florida Legislature: Florida Statutes 627.70131, Insurer's duty to acknowledge communications regarding claims; investigation
- 7. Florida Office of Insurance Regulation: Informational Memorandum OIR-23-01M: Senate Bill 2-A, Prompt Payment of Claims and Claim Filing Deadlines (March 1, 2023)
- 8. Florida Legislature: Florida Statutes 627.4025, Residential coverage and hurricane coverage defined
- 9. Florida Legislature: Florida Statutes 624.604, Property insurance defined
- 10. The Florida Senate: 2023 Florida Statutes 627.70132, with note on section 23, chapter 2023-172
- 11. Louisiana State Legislature: Louisiana R.S. 22:1892, Payment and adjustment of claims
- 12. Louisiana State Legislature: Louisiana R.S. 22:1892.2, Catastrophic loss claims settlement practices
- 13. Louisiana State Legislature: Louisiana R.S. 22:1264, Presumption of coverage
- 14. Louisiana Department of Insurance: Catastrophe Claims Process Disclosure Guide (revised October 2025)
- 15. Mississippi Insurance Department: Storm Response and Claims Tips (March 16, 2025)
- 16. Mississippi Insurance Department: Post-Disaster Claims Guide
- 17. Alabama Department of Insurance (Alabama Administrative Code): Chapter 482-1-125, Standards for Property/Casualty Insurance Claims
- 18. Alabama Department of Insurance (Alabama Administrative Code): Rule 482-1-125-.07, Standards for Prompt, Fair and Equitable Settlements Applicable to All Insurers
- 19. South Carolina Legislature: South Carolina Code Title 38, Chapter 59
- 20. South Carolina Department of Insurance: Post-Disaster Claims Guide
- 21. North Carolina General Assembly: G.S. 58-44-16, Fire insurance policies; standard fire insurance policy provisions
- 22. North Carolina General Assembly: Session Law 2009-171 (House Bill 1165)
- 23. North Carolina Department of Insurance: FAQs About Homeowners Insurance
- 24. Georgia General Assembly: Official Code of Georgia Annotated, 2025 Supplement, Title 33, Chapters 1 to 22 (section 33-6-34)
- 25. Office of the Governor of Georgia: HB 1344 as passed and signed, new Code section 33-3-28.1
- 26. Georgia General Assembly: HB 1344, Georgia Insurance Affordability and Claims Integrity Act
- 27. Georgia Office of the Commissioner of Insurance and Safety Fire: Insurance Claim Tips
- 28. Texas Legislature: Texas Civil Practice and Remedies Code Chapter 16, Limitations (sections 16.070 and 16.071)
- 29. Oklahoma State Senate: Oklahoma Statutes Title 36, Insurance (sections 3617, 4803 and 4805)
- 30. Nebraska Legislature: Neb. Rev. Stat. 44-357, Policies; stipulations forbidden
- 31. Nebraska Legislature: Neb. Rev. Stat. 25-205, Actions on written contracts
- 32. South Dakota Legislature: SDCL 53-9-6, Restraints on legal proceedings void
- 33. South Dakota Legislature: SDCL 15-2-13, Contract obligation or liability
- 34. North Dakota Legislative Branch: N.D.C.C. Chapter 26.1-39, Property and Casualty Insurance (section 26.1-39-06)
- 35. Colorado Revised Statutes, as published by Public.Law: C.R.S. 10-4-110.8, Homeowner's insurance (subsection 12)
- 36. Colorado Revised Statutes, as published by Public.Law: C.R.S. 13-80-101, General limitation of actions, three years
- 37. Minnesota Office of the Revisor of Statutes: Minn. Stat. 65A.01, Minnesota standard fire insurance policy
- 38. Minnesota Office of the Revisor of Statutes: Minn. Stat. 65A.26, Hail insurance, policies, loss adjustment
- 39. Iowa Legislature: Iowa Code 515.109, Standard fire insurance policy
- 40. Missouri Revisor of Statutes: RSMo 431.030, Provisions limiting time for bringing suits prohibited
- 41. Montana Legislature: MCA 28-2-708, Restraints upon legal proceedings void
- 42. Montana Legislature: MCA 27-2-202, Actions based on contract or other obligation
- 43. Insurance Services Office (copy hosted by Independent Insurance Agents of Texas): Building and Personal Property Coverage Form, CP 00 10 10 12
- 44. U.S. District Court for the District of Minnesota (GovInfo): Harmony East Condominium Association v. Falls Lake Fire and Casualty Company, No. 24-cv-2048, Order (December 19, 2024)