Recent court rulings in Florida have given strength to the consumer in fighting against being forced into the Managed Repair programs that some insurance carriers are forcing their insured’s into at the time of a loss during a hurricane. If you find yourself in this position, you can contact our office and we will be more then happy to discuss your situation and try to assist you.
In a recent blog post on the AAPIA website ( American Association of Public Insurance Adjusters), attorney Jill Henninger Bowman discusses 2 very positive new rulings by the Florida appellate courts that favor policyholders over insurance companies and the Managed Repair program. These rulings help buoy some property owner’s rights and may indicate that Florida courts are possibly willing to look at Insurers’ Managed Repair options prior to the repairs being forced on the Insured.
The first ruling basically says policyholders can’t be compelled to sign off on contracts forcing them to pay Managed Repair Contractors where the insurance policy uses the wording – “at our option”. Homeowners / policyholders shouldn’t therefore sign contracts with Managed Repair contractors. Insurance Companies insisting that they do sign was found to be an “improper exercise of the Managed Repair option.”
The second ruling essentially states that Florida homeowner policyholders now have “appellate authority for the position that Insurers cannot force repairs down the Policyholder’s throat when there is a dispute over the SCOPE of the repairs required to return the Policyholder’s property to its pre-loss condition.” Under the Policy, the Florida Policyholder will now be allowed to proceed in getting a proper scope of repairs without violating its obligations. Florida Policyholders will no longer have to allow repairs to be finished, waiting to sue until inadequate repair work is done.
In conclusion, you can now use these new tools as leverage to challenge Managed Repair and compel Florida homeowner insurance companies to provide Policyholders with the benefits they are entitled to under their insurance policies. If you need help enforcing your rights, contact us at (888) 811-5439.