What is the Homeowners Claim Bill of Rights and why did you receive a copy in the mail? The Florida Homeowners Claims Bill of Rights is a statutory notice that is required by law to be provided to a homeowner in writing within 14 days after receiving an initial communication with respect to a claim. It was originally enacted in 2014 for the purpose of explaining the statutory rights of a residential property insurance policy holder after filing a claim of loss. Since its enactment it has gone through several legislative changes in order to maintain its conformity with standing law, most recently in 2022, when the legislature changed the time period for which your property insurance carrier has to either pay or deny the claim from 90 days to 60 days. Your Florida Homeowner’s Claim Bill of Rights is as Follows:
YOU HAVE THE RIGHT TO:
- Receive from your insurance company an acknowledgement of your reported claim within 7 days after the time you communicated the claim.
- Upon written request, receive from your insurance company within 30 days after you have submitted a complete proof-of-loss statement to your insurance, confirmation that your claim is covered in full, partially covered, or denied, or receive a written statement that your claim is being investigated.
- Receive from your insurance company a copy of any detailed estimate of the amount of the loss within 7 days after the estimate is generated by the insurance company’s adjuster.
- Within 60 days, subject to any dual interest noted in the policy, receive full settlement payment for your claim or payment of the undisputed portion of your claim, or your insurance company’s denial of your claim.
- Receive payment of interest, as provided in s. 627.70131, Florida Statutes, from your insurance company, which begins accruing from the date your claim is filed if your insurance company does not pay full settlement of your initial, reopened, or supplemental claim or the undisputed portion of your claim or does not deny your claim within 60 days after your claim is filed. The interest, if applicable, must be paid when your claim or the undisputed portion of your claim is paid.
- Free mediation of your disputed claim by the Florida Department of Financial Services, Division of Consumer Services, under most circumstances and subject to certain restrictions.
- Neutral evaluation of your disputed claim, if your claim is for damage caused by a sinkhole and is covered by your policy.
- Contact the Florida Department of Financial Services, Division of Consumer Services’ toll-free helpline for assistance with any insurance claim or questions pertaining to the handling of your claim. You can reach the Helpline by phone at 1-877-693-5236, or you can seek assistance online at the Florida Department of Financial Services, Division of Consumer Services website at www.myfloridacfo.com/division/consumers.
YOU ARE ADVISED TO:
- File all claims directly with your insurance company.
- Contact your insurance company before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendor.
- Make and document emergency repairs that are necessary to prevent further damage. Keep the damaged property, if feasible, keep all receipts, and take photographs or video of damage before and after any repairs to provide to your insurer.
- Carefully read any contract that requires you to pay out-of-pocket expenses or a fee that is based on a percentage of the insurance proceeds that you will receive for repairing or replacing your property.
- Confirm that the contractor you choose is licensed to do business in Florida. You can verify a contractor’s license and check to see if there are any complaints against him or her by calling the Florida Department of Business and Professional Regulation. You should also ask the contractor for references from previous work.
- Require all contractors to provide proof of insurance before beginning repairs.
- Take precautions if the damage requires you to leave your home, including securing your property and turning off your gas, water, and electricity, and contacting your insurance company and provide a phone number where you can be reached.
The Florida Homeowners Claim Bill of Rights is a good starting point in regards your legal rights when it relates to a Homeowners Property Insurance Claim. However, laws relating to Insurance Regulation are extensive. If you have filed an Insurance Claim with your Homeowners Property Insurance Carrier it is important to reach out to an experienced property damage attorney who can assess your damage in relation to the your policy. The Law Offices of Brian W. Winn offers free consultations, reach out to discuss today.
