The statute of limitations for a breach of contract is five years in Florida. The trigger for starting the clock on the statute of limitations period is when an action accrues, typically, the date of denial of the claim.

Hurricane Wilma made landfall in Florida on October 24, 2005.

Suit must be filed within five years from the date the cause of action accrues, which, as stated above, is often the date of denial. Determining the exact date of denial can often be disagreed upon by the parties and can be a source of protracted litigation with the insurance company to try and dismiss the case. As missing the limitations period by one day can be fatal to a lawsuit and claim, it is wise to file suit sooner rather than later. This eliminates the question of whether the suit was timely filed within the limitations period.

You should check to make sure that all requested conditions precedent have been complied with beforehand, as a lawsuit can potentially be subject to dismissal if there has been a failure to comply with certain conditions precedent.