Florida underpaid property insurance claim lawyer
They paid you. That is not the same as covering it.
An underpayment is harder to see than a denial, because a check arrived. The number on it is usually the product of depreciation, a scope that missed items, and a price list that does not match what a contractor in your county will actually charge.
- ACV vs RCV
- § 627.7011Replacement cost, and when the holdback is released
- Pay or deny within
- 60 daysOf proof of loss, absent factors beyond the insurer’s control
- Supplemental claim
- 18 monthsFor hurricane and windstorm losses. § 627.70132
- Free mediation
- § 627.7015Through the Department of Financial Services, paid by the insurer
01 Where the money goes missing
02 The clause nobody reads
03 Situations this covers
These are examples of circumstances people find themselves in, not accounts of particular cases. Every claim is decided on its own policy and its own facts.
- A check arrives for less than the deductible-adjusted estimate, with depreciation withheld and no explanation of how to recover it.
- The scope covers the damaged slope of a roof but not the matching required to make the repair uniform.
- A contractor’s written estimate is two or three times the carrier’s line-item figure for the same work.
- Code upgrades required by the county before a permit will issue appear nowhere in the estimate.
04 What damages a claim
- Cashing the check and assuming that closes the claim — it usually does not, but the file goes quiet.
- Never claiming the recoverable depreciation after the work is completed.
- Letting the supplemental deadline run while negotiating informally.
- Signing a contractor’s assignment without understanding what it gives away.
Frequently asked questions about Florida underpaid claims
I already cashed the check. Did I accept the amount?
Usually not. A payment on a claim is not ordinarily a settlement unless you signed a release saying so.
Read anything you signed alongside it. A release, a sworn proof of loss stating a final figure, or a settlement agreement are different from an ordinary claim payment.
What is recoverable depreciation?
On a replacement cost policy the insurer first pays actual cash value — the cost to replace, minus depreciation for age and wear. The withheld portion is released once the repair is actually completed and documented.
A great deal of it is never collected, because the policyholder was never told it was waiting.
Have a denied Florida insurance claim reviewed
English or Spanish. Jose A. Dapena handled first-party insurance litigation before he handled anything else. The fee arrangement for an insurance dispute is explained when you call.