Florida Homeowner Claims Bill of Rights: Overview
The Florida Homeowner Claims Bill of Rights outlines the claims process for homeowner’s insurance and what policyholder rights are.
Under this bill, homeowners have the following rights when it comes to their claims:
- An acknowledgement of a reported claim from the insurance company within 14 days;
- Confirmation that a claim is covered in full, partially covered, denied, or investigated within 30 days upon written request;
- A full settlement payment from the claim, payment of an undisputed portion of the claim, or denial of the claim within 90 days;
- Free mediation of any disputed claim by the Florida Department of Financial Services Division of Consumer Services;
- Neutral evaluation of a disputed claim if the claimed damage is caused by a sinkhole and covered by the homeowners insurance policy;
- Ability to contact the Florida Department of Financial Services Division of Consumer Services at their toll free helpline for help with an insurance claim.
The Florida Homeowner Claims Bill of Rights does not empower citizens to take legal action against insurers but is subject to administrative enforcement.
Consumers also have certain responsibilities that they are advised to complete under the Florida Homeowner Claims Bill of Rights, including:
- Contacting their insurance company before entering into a repair contract;
- Document emergency repairs required to prevent any further damage;
- Carefully read repair contracts, especially those requiring the payment of out of pocket expenses or fees;
- Confirm that their chosen contractor is licensed in Florida;
- Get proof of insurance from contractors before repairs begin;
- Take precautions to keep in contact with an insurer if damage requires temporary relocation.
Florida Property Damage Claims & Lawsuits
Recently, consumers have expressed concern over how insurers are handling homeowners insurance claims after a hurricane. Although Florida Insurance Commissioner David Altmaier reportedly said he hadn’t seen “even an instance” of insurance law violations, the commissioner’s office reportedly has records showing at least four insurers failing to pay claims on time. These insurers reportedly paid penalties for their late payments.
Florida Homeowner Insurance Settlements
In December 2018, Florida’s Citizens Property Insurance Corp. said it would settle around 6,500 lawsuits against them with claims that the insurer made insufficient payments following 2017 Hurricane Irma. The company allegedly failed to cover the damage done to homes by the hurricane or said that the damages didn’t exceed the insurance deductible.
Finding A Homeowner Claims Attorneys
Whether or not you wish to take legal action or simply get help filing an insurance claim, qualified insurance attorneys in Florida may be able to help enforce your rights under the Florida Homeowner Claims Bill of Rights. These experienced legal professionals may be able to help you gather all of the necessary documentation, organize a claim, and negotiate with your insurance company for a reasonable payout. If you are unsatisfied with an adjusted claim from your insurer, these lawyers may be able to help you fight for a better resolution both in and out of court.