626.9744 Claim settlement practices relating to property insurance. - Florida Statutes

626.9744 Claim settlement practices relating to property insurance.

Unless otherwise provided by the policy, when a homeowner’s insurance policy provides for the adjustment and settlement of first-party losses based on repair or replacement cost, the following requirements apply:

   (1) When a loss requires repair or replacement of an item or part, any physical damage incurred in making such repair or replacement which is covered and not otherwise excluded by the policy shall be included in the loss to the extent of any applicable limits. The insured may not be required to pay for betterment required by ordinance or code except for the applicable deductible, unless specifically excluded or limited by the policy.

   (2) When a loss requires replacement of items and the replaced items do not match in quality, color, or size, the insurer shall make reasonable repairs or replacement of items in adjoining areas. In determining the extent of the repairs or replacement of items in adjoining areas, the insurer may consider the cost of repairing or replacing the undamaged portions of the property, the degree of uniformity that can be achieved without such cost, the remaining useful life of the undamaged portion, and other relevant factors.

   (3) This section shall not be construed to make the insurer a warrantor of the repairs made pursuant to this section.

   (4) Nothing in this section shall be construed to authorize or preclude enforcement of policy provisions relating to settlement disputes.

History. s. 10, ch. 2004-370; s. 155, ch. 2004-390.