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Understanding Florida’s ‘Right to Repair’ Insurance Rules


Many property insurance policies contain ‘Right to Repair’ provisions. Also known as ‘Option to Repair’ provisions, these clauses may give the insurance company considerable power to control the repairs to your home.

Your Florida property insurance policy may have this type of clause, even if you have never heard of it before. While it is not frequently invoked, it is controversial and can lead to property insurance disputes.

In this post, our experienced Fort Lauderdale property insurance attorneys highlight four of the most important things that all Broward County property owners should understand about their insurance company’s ‘Right to Repair’.

Four Things to Know About the Insurance Company’s ‘Right to Repair’ Your Property Damage 

  1. You Should Review Your Own Property Insurance Policy

First and foremost, Fort Lauderdale property owners need to know if their policy actually contains this type of provision. Your insurance provider will only be able to exercise a ‘Right to Repair’ clause if one is actually expressly written in your policy. As always, it is a good idea to review your coverage so that you can fully understand your rights and responsibilities. 

  1. The Provision May Give Insurance Company Control Over Repairs

If a ‘Right to Repair’ clause is contained in your insurance policy, then that means that your insurer may have the legal right to repair your property damage. In practice, this means that the insurance company, instead of paying you a settlement, can hire contractors to repair your property and replace the destroyed or severely damaged goods. 

  1. If Invoked, the Insurer Becomes the Guarantor

When your insurance company invokes the ‘Right to Repair’, it will become the guarantor of all the work done on your property. This means that if something goes wrong, or if something is not fixed in the appropriate manner, then the insurance company is financially responsible for taking care of that problem. In many cases, this puts a considerable burden on the insurance company. Do not let an insurance company tell you that the contractor will guarantee the work, as it is actually the responsibility of the insurance company. 

  1. ‘Right to Repair’ is Often Used as a Negotiating Tactic

Insurance companies are generally not eager to invoke their ‘Right to Repair’; the reason for this is that doing so exposes them to significant hassle and a considerable amount of long-term risk. However, insurance companies do sometimes use the threat of invoking ‘Right to Repair’ in order to get property owners to agree to an unfair settlement offer. You should never agree to accept any less than you are owed under the terms of your policy. If your insurer is threatening to invoke its ‘Right to Repair’, you should consult with an experienced legal professional.

Contact Our Fort Lauderdale Property Insurance Lawyers Today 

At Geyer Fuxa Tyler, our Florida property insurance dispute lawyers are committed to providing top quality legal service to homeowners. If your property insurance claim has been denied, please call us now at (954) 990-5251 to get your free legal consultation. From our office in Sunrise, we represent property owners throughout Broward County, including in Hollywood, Deerfield Beach, Miramar, and Fort Lauderdale.

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