In 1990, the National Association of Insurance Commissioners adopted a new section to its model regulations relating to unfair property claims.1

Section 9 of the model regulation provides:2

A. When the policy provides for the adjustment and settlement of first-party losses based on replacement cost, the following shall apply:

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(2) When a loss requires replacement of items and the replaced items do not match in quality, color or size, the insurer shall replace all such items in the area so as to conform to a reasonably uniform appearance. This applies to interior and exterior losses. The insured shall not bear any cost over the applicable deductible, if any.

Florida adopted a version of this regulation in Fla. Stat. Ann. § 626.9744, Claim settlement practices relating to property insurance.

Florida requires the insurer to “make reasonable repairs or replacement of items in adjoining areas” when there is a loss requiring replacement of items and the replaced items do not match in quality, color or size.3

Florida, however, allows the insurer to “consider the cost of repairing or replacing the undamaged portions of the property, the degree of uniformity that can be achieved without such cost, the remaining useful life of the undamaged portion, and other relevant factors” in determining the extent of the repairs or replacement of items in adjoining areas.4

Florida’s matching statute is significant because it provides an insured with coverage for undamaged property where there is no match to the damaged portion of covered property. An example would be where a roof is partially damaged as a result from Hurricane Irma and matching roof materials for repairs are unavailable.

Finally, the Florida statute specifically applies to homeowner policies, not commercial insurance policies.5
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1 Unfair Property/Casualty Claims Settlement Practices Model Regulation § 9(A) (Nat’l Assoc. of Ins. Comm’rs 1997), available at http://www.naic.org/store/free/MDL-902.pdf
2 Id. Emphasis added.
3 Fla. Stat. Ann. § 626.9744 (emphasis added).
4 Id.
5 Id.; see also Strasser v. Nationwide Mut. Ins. Co., No. 09–60314–CIV, 2010 WL 667945 at *1 (S.D. Fla. Feb. 22, 2010) (observing that Fla. Stat. § 626.9744 matching requirement only applies to homeowner’s policies).

  • William S. Cook

    Can you confirm if Florida has adopted the Unfair/property claims settlement act or where to find a modified version of the act
    wscook@cfl,rr,com

  • Sherry portman

    My insurance company in Arkansas wants to replace the shingles on the back of my home with shingles same make and similar color. These shingles are much darker The shingles currently on the house are 10 years old and sun faded. My issue will be that the cap on top of the roof will look like a dark outline, also I live on the bottom of a sloped hill. All the houses above me will be able to see my entire roof on the decks of their homes. One half will be faded and the other will be dark. I have been waiting almost 3 months to resolve this issue and fix my roof. Winter will set in soon and I need my roof fixed to like appearance. I feel they need to replace the entire roof to remedy this issue. We have paying our insurance policy with Farmers on time every month. I feel it time for them to pay to have the roof fixed correctly. We have been passed around to 4 different adjustors. What can I do? They are trying to wear me out.