Pre-Suit Notice Requirements - All 50 States + DC

Purpose: Quick reference for mandatory pre-litigation notice requirements before filing insurance lawsuits Last Updated: August 2026 (verified against statute text)

Important Notes

Pre-suit notice is required in some states before filing a lawsuit against an insurer, or before a statutory penalty/fee remedy is available
Failure to comply ranges from dismissal without prejudice (FL) or abatement (TX) to loss of a statutory penalty or fee remedy (GA, MO, SC, TN)
Notice periods give insurers opportunity to cure before litigation
Safe harbor provisions may protect insurers who cure within the notice period
Always verify current law before filing any lawsuit

Verification: Every row below was checked against the statute text at the linked official or legal-publisher source in August 2026. Rows marked "(not confirmed from text)" rest on secondary sources or statute knowledge because the official page could not be retrieved; the no-notice conclusion for those states is a finding of absence. Texas, Massachusetts and Maryland were previously listed as no-notice states and have been moved to the mandatory table.

States WITH Mandatory Pre-Suit Notice

State	Notice Period	Recipient	Form Required	Effect of Non-Compliance	Statute	Source
Florida (Property)	10 business days (after coverage determination)	Department of Financial Services (DFS forwards to insurer)	DFS Notice of Intent form	Court must dismiss suit without prejudice	Fla. Stat. § 627.70152	Fla. Stat. § 627.70152
Florida (Bad Faith)	60 days	DFS and the insurer	Department form (Civil Remedy Notice)	Condition precedent; no action if cured within 60 days	Fla. Stat. § 624.155(3); § 624.1551	Fla. Stat. § 624.155(3)
Georgia	60 days after demand	Insurer	Written demand for payment (no statutory form)	Bad-faith penalty (50%/$5,000 + fees) unavailable; contract suit not barred	O.C.G.A. § 33-4-6(a)	O.C.G.A. § 33-4-6(a)
Louisiana	60 days (cure period; catastrophic losses)	Insurer	LDI-transmitted form OR formal written demand	Premature suit stayed 60 days; dismissed at insured's cost if paid in full during cure period	La. R.S. 22:1892.2(C)	La. R.S. 22:1892.2(C)
Maryland	Until MIA final decision (due within 90 days of filing)	Maryland Insurance Administration	MIA complaint under Ins. § 27-1001 with proof-of-loss documents	No § 3-1701 bad-faith action before final MIA decision (exceptions: small claims, mutual waiver, commercial limits over $1M)	Md. Code, Cts. & Jud. Proc. § 3-1701(d); Ins. § 27-1001	Md. Code, Cts. & Jud. Proc. § 3-1701(d)
Massachusetts	30 days	Insurer (prospective respondent)	Written demand for relief identifying claimant, the unfair act, and the injury	Prerequisite to c. 93A § 9 action; reasonable tender within 30 days caps recovery	M.G.L. c. 93A § 9(3); c. 176D § 3(9)	M.G.L. c. 93A § 9(3)
Missouri	30 days after due demand	Insurer	Due demand for payment (written)	Vexatious-refusal damages/fees under § 375.296 unavailable; § 375.420 itself has no demand element	RSMo § 375.296	RSMo § 375.296 (cross-referencing § 375.420)
South Carolina	90 days after demand	Insurer	Demand (form not specified; written advisable)	Attorney fees under § 38-59-40 unavailable; fees capped at one-third of amount of insurance	S.C. Code § 38-59-40	S.C. Code § 38-59-40
Tennessee	60 days after formal demand	Insurer	Formal demand for payment	Bad-faith penalty (up to 25%) unavailable; contract suit not barred	T.C.A. § 56-7-105	T.C.A. § 56-7-105
Texas	60 days (not later than 61st day before filing)	Insurer (and any agent to be sued)	Written notice: acts/omissions, specific amount owed, attorney fees incurred	Abatement on timely plea until 60 days after notice; attorney fees may be barred (§ 542A.007(d))	Tex. Ins. Code §§ 542A.003, 542A.005, 542A.007	Tex. Ins. Code §§ 542A.003, 542A.005, 542A.007
Washington	20 days	Insurer AND Office of the Insurance Commissioner	Written notice of the basis for the cause of action	IFCA action cannot be brought; no action if insurer resolves basis within 20 days	RCW 48.30.015(8)	RCW 48.30.015(8)

Scope notes: FL § 627.70152 applies to residential/commercial property suits; FL § 624.155 to statutory bad-faith actions; GA, MO, SC and TN demands are elements of a penalty or fee remedy, not bars to the contract suit; LA applies only to catastrophic losses under residential/immovable property policies; MD applies only to the § 3-1701 enhanced-damages remedy; MA applies to c. 93A consumer actions, not plain contract suits; TX applies to first-party claims arising from forces of nature against property insurers.

Florida - Comprehensive Pre-Suit Requirements

F.S. § 627.70152 - Property Insurance Pre-Suit Notice

Requirement	Details
Notice Period	At least 10 business days before filing suit
Form	Form provided by the Department of Financial Services (Notice of Intent to Initiate Litigation)
Recipient	Department of Financial Services; the department transmits the notice to the insurer's designated email (s. 624.422)
Timing	May not be given before the insurer has made a coverage determination
Contents Required	Statement that notice is given under this section, insurer's acts/omissions, attorney or representative, damage estimate, itemized presuit settlement demand, disputed amount

Notice Must Include

Statement that the notice is given under § 627.70152
Acts or omissions giving rise to suit
Attorney or representative, if any
Damage estimate
Itemized presuit settlement demand and the amount in dispute

Insurer Response (Within 10 Business Days of Receiving Notice)

Written response required
Reinspection: 14 business days
Appraisal/ADR: tolls up to 90 days

Consequences

Situation	Result
No complying notice	Court must dismiss without prejudice
Premature filing	Court must dismiss without prejudice
ADR unresolved after 90 days	Suit permitted

Statute Tolling

Limitations tolled 10 business days during notice period
Extended 30 days if limitations would expire within 30 days after the presuit process

F.S. § 624.155 - Bad Faith Pre-Suit Notice

Requirement	Details
Notice Period	60 days' written notice before action (condition precedent)
Recipients	Department of Financial Services and the authorized insurer
Form	Form provided by the department (Civil Remedy Notice)
Contents Required	Statutory provision and specific language violated, facts and circumstances, name of any individual involved, relevant policy language, statement that notice is given to perfect the civil remedy
Safe Harbor	No action lies if damages paid or violation corrected within 60 days after insurer receives notice from the department
Tolling	60 days after insurer receives notice; 60 days after appraisal invoked
Appraisal Restriction	Notice may not be filed within 60 days after appraisal is invoked in a residential property claim
Property Claims	Bad-faith action also requires adverse adjudication/final judgment on breach (§ 624.1551)

Georgia - 60-Day Bad Faith Demand

O.C.G.A. § 33-4-6(a) Requirements

Requirement	Details
Demand Period	Insurer's refusal to pay within 60 days after a demand for payment by the policyholder
Form	Written demand for payment; no statutory form or content requirements (case law requires the demand at a time when immediate payment is due)
Consequence	Demand is a condition of the bad-faith penalty (not more than 50% of the loss or $5,000, whichever is greater, plus attorney's fees); not a bar to the contract suit
Safe Harbor	Penalty attaches only to a bad-faith refusal within 60 days of demand

Note: the demand-letter content rules in § 33-4-7 apply only to third-party motor-vehicle liability claims, not to § 33-4-6.

Louisiana - Catastrophic Loss Cure Period Notice

R.S. 22:1892.2(C) Requirements

Requirement	Details
Applies To	Catastrophic losses under residential/immovable property policies (60-day payment deadline residential; 90-day non-residential immovable)
Notice Period	60 days ("cure period notice")
Recipient	Insurer
Form	LDI-transmitted form OR a formal written demand stating the facts and circumstances of the dispute
Effect	Condition precedent to a § 22:1892.2 action; premature suit is automatically stayed until 60 days after notice is received
Full Payment in Cure Period	Insurer pays noticed amount plus expenses/attorney fees up to 20%: no further cause of action, premature suit dismissed at insured's cost
Partial Payment	Halves the penalty on the amount paid
Penalty	Greater of 50% of amount due or $2,500, plus attorney fees
Prescription	Suspended if notice sent within last 90 days of prescriptive period

Non-catastrophic claims under R.S. 22:1892 / 22:1973 have no pre-suit notice requirement.

Maryland - MIA Complaint Before § 3-1701 Action

Cts. & Jud. Proc. § 3-1701(d); Ins. § 27-1001 Requirements

Requirement	Details
Applies To	Statutory bad-faith remedy (enhanced damages/attorney fees for lack of good faith); a plain breach-of-contract suit needs no notice
Recipient	Maryland Insurance Administration
Form	MIA complaint stating coverage, claim amount, actual damages, expenses and litigation costs, with each proof-of-loss document submitted to the insurer
Timing	Administration must decide within 90 days of filing; then 30 days to request OAH hearing or appeal to circuit court
Effect	No § 3-1701 action may be filed before the date of the final MIA decision
Exceptions	Small-claims jurisdiction (CJP § 4-405); mutual waiver by insured and insurer; commercial policies with liability limits over $1,000,000

Massachusetts - 30-Day c. 93A Demand Letter

M.G.L. c. 93A § 9(3); c. 176D § 3(9) Requirements

Requirement	Details
Applies To	c. 93A § 9 consumer action (the private vehicle for c. 176D § 3(9) unfair claim settlement practices)
Notice Period	30 days
Recipient	Prospective respondent (insurer)
Form	Written demand for relief, mailed or delivered, identifying the claimant and reasonably describing the unfair or deceptive act and the injury suffered
Effect	Prerequisite to the c. 93A action; a reasonable written tender within 30 days caps recovery at the tendered amount if rejected
Exceptions	Plain contract suit; respondent lacks a place of business or assets in Massachusetts

Missouri - Vexatious Refusal Demand

RSMo § 375.296 Requirements

Requirement	Details
Notice Period	30 days after due demand, prior to institution of the action
Recipient	Insurer
Form	Due demand for payment under the policy (written)
Effect	Prerequisite to vexatious-refusal damages and attorney fees under § 375.296 only
Penalty Available	20% of first $1,500 + 10% of excess, plus attorney fees (fixed by § 375.420, which contains no demand requirement)

South Carolina - 90-Day Demand

S.C. Code § 38-59-40 Requirements

Requirement	Details
Notice Period	Insurer's refusal to pay within 90 days after demand
Recipient	Insurer
Form	Demand; statute does not specify form (written demand advisable)
Effect	The 90-day post-demand refusal is an element of the attorney-fee award (with a bad-faith / without-reasonable-cause finding)
Fee Cap	One-third of the amount of the insurance

Tennessee - 60-Day Bad Faith Demand

T.C.A. § 56-7-105 Requirements

Requirement	Details
Notice Period	Refusal to pay within 60 days after formal demand
Recipient	Insurer
Form	Formal demand for payment
Effect	Bad-faith penalty (up to 25% of liability for the loss) unavailable; underlying contract suit not barred

T.C.A. § 56-8-113 makes Title 56 remedies exclusive for first-party claims, so the § 56-7-105 demand is the key gate.

Texas - Chapter 542A Presuit Notice

Tex. Ins. Code §§ 542A.003, 542A.005, 542A.007 Requirements

Requirement	Details
Applies To	First-party claims arising from forces of nature (wind, hail, flood, etc.) against property insurers
Notice Period	Not later than the 61st day before filing (60 full days)
Recipient	Insurer and any agent to be sued; attorney must copy the claimant
Form	Written notice stating acts/omissions, the specific amount alleged owed, and attorney's fees incurred (hours x customary rate)
Effect	Abatement on plea filed within 30 days of answer (automatic on the 11th day) until 60 days after compliant notice; attorney's fees may be barred under § 542A.007(d) if no notice given
Exceptions	Limitations imminent; claim asserted as a counterclaim

Washington - IFCA Notice

RCW 48.30.015(8) Requirements

Requirement	Details
Notice Period	20 days
Recipients	Insurer AND Office of the Insurance Commissioner
Form	Written notice of the basis for the cause of action
Effect	IFCA action cannot be brought; no IFCA action if insurer resolves the basis within 20 days
Remedies Available	Actual damages; court may increase up to three times (discretionary); attorney fees mandatory on a violation finding

States WITHOUT Pre-Suit Notice Requirements

Most states do NOT require pre-suit notice before filing insurance lawsuits:

No Notice Required

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, DC, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming

Not confirmed from statute text (finding of absence): Alabama, Alaska, Arizona, Arkansas, California, Delaware, DC, Hawaii, Illinois, Indiana, Iowa, Kentucky, Mississippi, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Utah, Vermont, Wisconsin.

Penalty/fee preconditions (not suit bars):

Arkansas - Ark. Code § 23-79-208(a)(1): 12% penalty + fees attach only if the insurer fails to pay within the time specified in the policy after demand is made; no fixed notice period
Idaho - Idaho Code § 41-1839(1): statutory attorney's fees only where insurer fails to pay within 30 days after proof of loss is furnished (the 60-day written notice in § 41-1839(3) applies only to surety claims)
Minnesota - Minn. Stat. § 604.18 subd. 4: bad-faith remedy may not be pleaded in the original complaint; it must be added by post-filing motion to amend supported by affidavits showing prima facie evidence
Michigan - MCL 500.2006: 12% penalty interest runs 60 days after satisfactory proof of loss (a claim step, not a litigation prerequisite)
Oklahoma - 36 O.S. § 3629: proof of loss and 90-day accept/reject window for prevailing-party fees (not confirmed from text)
Oregon - ORS 742.061: attorney fees conditioned on proof of loss + 6 months without settlement
Connecticut - C.G.S. § 42-110g(c): copy of a CUTPA complaint mailed to the Attorney General and Commissioner of Consumer Protection upon filing, not pre-suit

Note: Even in these states, internal claims processes (appraisal, mediation) may need to be exhausted before litigation.

Pre-Suit Process Flowchart

Florida Property Claims

1. Claim denied/disputed
   ↓
2. Wait for coverage determination
   ↓
3. File Notice of Intent with DFS (department form); DFS transmits to insurer
   ↓
4. Wait at least 10 business days
   ↓
5. Insurer responds in writing (reinspection 14 business days / appraisal or ADR)
   ↓
6. If ADR invoked, tolled up to 90 days
   ↓
7. If unresolved, file lawsuit

Florida Bad Faith Claims

1. Coverage dispute exists
   ↓
2. File Civil Remedy Notice (department form) with DFS and insurer
   ↓
3. Wait 60 days (safe harbor period)
   ↓
4. If not cured, file bad faith lawsuit
   ↓
5. Property claims: adverse adjudication on breach required first (§ 624.1551)

Notice Content Requirements Summary

State	What Must Be Included
Florida (Property)	Statement given under § 627.70152, acts/omissions, attorney/representative, damage estimate, itemized presuit demand, disputed amount
Florida (Bad Faith)	Statutory provision violated, facts, individuals involved, policy language, statement given to perfect civil remedy
Georgia	Demand for payment (no statutory content requirements)
Louisiana	LDI form or formal written demand stating facts and circumstances of the dispute
Maryland	MIA complaint: coverage, claim amount, actual damages, expenses, litigation costs, proof-of-loss documents
Massachusetts	Identity of claimant, unfair or deceptive act, injury suffered
Missouri	Due demand for payment
South Carolina	Demand (form unspecified)
Tennessee	Formal demand for payment
Texas	Acts/omissions, specific amount owed, attorney's fees incurred
Washington	Basis for the cause of action

Deadlines Summary Table

State	Notice Period	Before What Action
Florida (Property)	10 BD	Filing property lawsuit
Florida (Bad Faith)	60 days	Filing bad faith lawsuit
Georgia	60 days	§ 33-4-6 penalty
Louisiana	60 days	§ 22:1892.2 catastrophic-loss action
Maryland	Until MIA final decision (90 days)	§ 3-1701 bad-faith action
Massachusetts	30 days	c. 93A § 9 action
Missouri	30 days	§ 375.296 vexatious refusal
South Carolina	90 days	§ 38-59-40 attorney fees
Tennessee	60 days	§ 56-7-105 penalty
Texas	60 days	Ch. 542A suit (abatement)
Washington	20 days	IFCA action

Safe Harbor Provisions

State	Safe Harbor Period	Effect
Florida (Bad Faith)	60 days	No action if damages paid or violation corrected
Georgia	60 days	Penalty attaches only to refusal within 60 days of demand
Louisiana	60 days	Full payment ends cause of action; partial payment halves penalty
Massachusetts	30 days	Reasonable tender caps recovery if rejected
Tennessee	60 days	Penalty attaches only to refusal within 60 days of demand
Washington	20 days	No IFCA action if basis resolved

Best Practices for Pre-Suit Notice

Before Sending Notice

Verify coverage determination has been made
Calculate damages precisely
Document all communications with insurer
Confirm correct form (state-approved if required)
Identify all statutory violations to be alleged

When Sending Notice

Use certified mail, return receipt requested
Send to correct recipients (insurer AND agency if required)
Keep copies of everything
Calendar the deadline for response

After Sending Notice

Wait required period - don't file early
Document insurer's response (or non-response)
Preserve all evidence
Note any tolling of limitations

Consequences of Non-Compliance

State	Consequence
Florida (Property)	Court must dismiss without prejudice
Florida (Bad Faith)	No action lies (condition precedent)
Georgia	Cannot recover 50%/$5,000 penalty
Louisiana	Suit stayed until 60 days after notice; dismissed at insured's cost if paid in full in cure period
Maryland	§ 3-1701 action may not be filed
Massachusetts	c. 93A action barred
Missouri	Cannot recover § 375.296 vexatious-refusal damages/fees
South Carolina	Cannot recover § 38-59-40 attorney fees
Tennessee	Cannot recover 25% penalty
Texas	Abatement until 60 days after notice; attorney fees may be barred
Washington	IFCA action cannot be brought

Key Statutes

State	Statute	Topic
FL	§ 627.70152	Property pre-suit notice
FL	§ 624.155	Bad faith notice
FL	§ 624.1551	Property bad faith prerequisites
GA	O.C.G.A. § 33-4-6	Bad faith penalty demand
LA	R.S. 22:1892.2	Catastrophic loss cure period notice
MD	CJP § 3-1701; Ins. § 27-1001	MIA complaint before bad-faith action
MA	M.G.L. c. 93A § 9; c. 176D § 3(9)	Demand letter
MO	RSMo § 375.296	Vexatious refusal demand
SC	S.C. Code § 38-59-40	Attorney fee demand
TN	T.C.A. § 56-7-105	Bad faith penalty demand
TX	Tex. Ins. Code ch. 542A	Presuit notice and abatement
WA	RCW 48.30.015	IFCA notice

Disclaimer: This table is for reference only. Pre-suit requirements change through legislation and case law. Always verify current law and consult with counsel before filing any lawsuit.

Last Updated: August 2026 (verified against statute text)

Sources

Florida Fla. Stat. § 627.70152 - http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.70152.html
Florida Fla. Stat. § 624.155(3); § 624.1551 - http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html
Georgia O.C.G.A. § 33-4-6(a) - https://codes.findlaw.com/ga/title-33-insurance/ga-code-sect-33-4-6/
Louisiana La. R.S. 22:1892.2(C) - https://legis.la.gov/legis/Law.aspx?d=1389244
Maryland Md. Code, Cts. & Jud. Proc. § 3-1701(d); Ins. § 27-1001 - https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=3-1701&enactments=false
Massachusetts M.G.L. c. 93A § 9(3); c. 176D § 3(9) - https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A/Section9
Missouri RSMo § 375.296 (cross-referencing § 375.420) - https://revisor.mo.gov/main/OneSection.aspx?section=375.296
South Carolina S.C. Code § 38-59-40 - https://www.scstatehouse.gov/code/t38c059.php
Tennessee T.C.A. § 56-7-105 - https://codes.findlaw.com/tn/title-56-insurance/tn-code-sect-56-7-105/
Texas Tex. Ins. Code §§ 542A.003, 542A.005, 542A.007 - https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542A.htm
Washington RCW 48.30.015(8) - https://app.leg.wa.gov/RCW/default.aspx?cite=48.30.015