Understanding Florida’s “Right to Repair” Insurance Rule

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In Florida, insurance policies often contain a “right to repair” provision. This clause, also knowns as the “option to repair,” gives insurance companies considerable power when it comes to making decisions about repairs to your home.

When your home is damaged in a storm, hurricane or other disaster, an insurer can invoke the “right to repair” clause (if it’s in your contract), which gives them the power to decide which contractors will make repairs to your home. That means that rather than reimbursing you for damages and letting you pay for the repairs yourself, the insurance company will hire their own contractors to repair your home.

Many homeowners are completely unaware of this clause, which is why it’s very important to carefully review your property insurance policy. Being familiar with the details of the “right to repair” clause can help you avoid being taken advantage of by your insurance company.

Listed below are some of the most important facts to know about the “right to repair” clause:

      • Why it exists? Ultimately, the “right to repair” clause exists to protect your insurance company’s interests. It does so by giving them full control over all the repairs to your home. Often, they will invoke the clause in order to make repairs in the cheapest way possible and save themselves money.
      • You lose agency. Since your insurance company will be paying the contractor, the contractor does not have to answer any questions or explain the repairs to you. When the “right to repair” provision is evoked, you lose the power to decide how your home is repaired.
      • The insurance company is the guarantor. The “right to repair” clause states that your insurer will be legally liable for any of the repairs that are done. That means if the repairs are done poorly, your insurance company is liable to fix them.
      • Used as a threat. Sometimes insurance companies use the “right to repair” clause to threaten homeowners, stating that if you don’t accept the initial settlement claim offer, they will evoke the clause.

If your insurance company is threatening you with the “right to repair” clause, you should contact a knowledgeable insurance disputes attorney right away. Don’t agree to anything less than you deserve.

Talk to a skilled property insurance attorney in Florida

At Johnson and Williams, P.A., our attorneys have years of experience protecting clients who are being mistreated by insurance companies. We know your rights and can help protect you against dishonest insurance companies who are trying to save money on your claim. If your property was damaged and you are currently battling with your insurance company to receive a fair settlement, give us a call today at (407) 245-1268 or write to us online to schedule a consultation. Our job is to get you the fair compensation you deserve.