Homeowner Claims Bill of Rights

With the clean up of Hurricane Matthew in full swing, it's important that you as a homeowner understand your rights regarding your personal property insurance. 

In 2014 the legislature passed a law that established the attached “Bill of Rights.” Form Florida Statutes 627.7142: “The purpose of the bill of rights is to summarize, in simple, nontechnical terms, existing Florida law regarding the rights of a personal lines residential property insurance policyholder who files a claim.”

Homeowner Claims Bill of Rights 

This Bill of Rights is specific to the claims process and does not represent all your rights under Florida law regarding your policy. There are also exceptions to the stated timelines when conditions are beyond your insurance company’s control. This document does not create a civil cause of action by an individual policyholder, or a class of policyholders, against an insurer or insurers and does not prohibit an insurer from exercising its right to repair damaged property in compliance with the terms of an applicable policy. 

You have the right to: 

1. Receive from your insurance company an acknowledgment of your reported claim within 14 days after the time you communicated the claim. 

2. Upon written request, receive from your insurance company, within 30 days after you have submitted a complete proof-of-loss statement to your insurance company, confirmation that your claim is covered in full, partially covered, or denied or receive a written statement that your claim is being investigated. 

3. Within 90 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. 

4. 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. 

5. Neutral evaluation of your disputed claim, if your claim is for damage caused by a sinkhole and is covered by your policy. 

6. 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-MY-FL-CFO (1-877-693-5236) or 850-413-3089, or you can seek assistance online at http://www.myfloridacfo.com/Division/Consumers/contactus.htm. 

You are advised to: 

1. Contact your insurance company before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors. 

2. Make and document emergency repairs that are necessary to prevent further damage. Keep the damaged property, if feasible, keep all receipts, and take photographs of damage before and after any repairs. 

3. 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. 

4. 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. 

5. Require all contractors to provide proof of insurance before beginning repairs. 

6. 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 telephone number where you can be reached. 

Contact us today with any questions or concerns. Even if you do not have a policy through Herbie Wiles Insurance, we can still advise you and help you understand your rights as a policy holder in the state of Florida.