According to the Insurance Information Institute, about one in 40 insured homes has a property damage claim related to wind or hail each year. Property damage can happen to anyone, especially Floridians who experience severe weather conditions like hurricanes, tornadoes, hail storms, and tropical storms.
If you are a policyholder, business owner, or property owner and your property has undergone loss or damage, you may feel overwhelmed at the cost of repair. If this happens to you, our property damage attorneys provide relevant information on everything you need to know about Florida's Matching Statute for your property damage.
What is Florida's Matching Statute?
Suppose you are faced with a situation where a natural disaster wreaked havoc on your property, and, as a result, your roof was partially damaged—the good news is that the other portion of your roof is perfectly intact. So where do you go from here to match your entire property to repair it with the same materials as the damaged property?
Matching can be challenging to decipher if your property is damaged, especially because matching statutes vary between different states. The term “matching” is fundamental in the insurance industry, especially in property damage claims. This is commonly seen when your property loss requires the replacement of certain items, and when you are proceeding for replacement, the carrier does not have the exact items, and they do not match in quality.
If only part of your property is damaged and the carrier cannot match, the real question is, should the entire property be replaced to compensate the policy owner? The insurer must choose whether the damaged property and existing property match correctly when determining if the damaged property should be replaced or repaired.
According to Section 626.9744, Florida Statutes on Matching Property:
"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.”
Policyholders deserve to have their property restored to its original condition before the damage; the matching statute allows policyholders to ensure their property's restoration and maintenance be repaired to its original state.
When determining the process of repairing the undamaged portions of your property, Florida's matching statute provides the policyholder with coverage for the undamaged property when there is no match to the damaged property that is covered.
How the Matching Statue Impacts Policy Owners
In essence, Florida's matching statute protects policyholders by ensuring their property is equally matched and not resulting in mismatched portions after repair. After your property has become damaged, you may have to file an insurance claim. It's essential to speak to a skilled property damage attorney who knows the insurance process' ins and outs. Our attorneys can also assist with insurance disputes and bad faith insurance tactics in Florida.
Contact a Property Damage Attorney
Chad J. Robinson, PLLC fights for insurance policyholders whose claims were wrongfully denied or underpaid; If you have experienced bad faith insurance practices or need help with filing a property damage claim, look no further.
We possess the determination and know-how to stand up against even the biggest names in the insurance industry to get you the results you deserve! Contact us today at (561) 564-0233 to discuss your legal matter today.