Florida Statutes
Fla. Stat. § 626.9744 (2025)
Claim settlement practices relating to property insurance.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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626.9744 Claim settlement practices relating to property insurance.—Unless otherwise provided by the policy, when a homeowner’s insurance policy provides for the adjustment and settlement of first-party losses based on repair or replacement cost, the following requirements apply:
(1) 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.
(2) When a loss requires replacement of items and the replaced items do not match in quality, color, or size, the insurer shall make reasonable repairs or replacement of items in adjoining areas. In determining the extent of the repairs or replacement of items in adjoining areas, the insurer may 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.
(3) This section shall not be construed to make the insurer a warrantor of the repairs made pursuant to this section.
(4) Nothing in this section shall be construed to authorize or preclude enforcement of policy provisions relating to settlement disputes.
Notes of Decisions
Cited in 7
cases (6 in the last 5 years), 2020–2025 · leading case: SFR Servs., LLC v. Lexington Ins. Co. (M.D. Fla. 2021).
SFR Servs., LLC v. Lexington Ins. Co. (M.D. Fla. 2021). “May 8, 2012) (finding no Florida statute requires the insurer to provide coverage for “matching” except Fla. Stat. § 626.9744 , which only applies to homeowner’s policies).”
CMR Constr. & Roofing, LLC v. ASI Preferred Ins. Corp. (M.D. Fla. 2021). “” § 626.9744, Fla. Stat. Here, because the policy limits coverage to “direct” losses, section 626.”
Gomez v. Am. Sec. Ins. Co. (S.D. Fla. 2021). “Plaintiff’s current answer to this interrogatory states that “Plaintiff is without the technical knowledge of how to interpret § 626.9744 Fla. Stat., or differentiate what damages would solely, partially or legally be claimed under that statute, or which monies for which repairs…”
Sunflower Condo. Ass'n, Inc. v. Everest Nat'l Ins. Co. (S.D. Fla. 2020). “See Fla. Stat. § 626.9744 (2). 3 It is undisputed that Sunflower completed roof repairs on Building 35 within two years of Hurricane Irma.”
Great Lakes Ins. SE v. Ming & Kwang Dev. Corp. (M.D. Fla. 2025). “3d at 1283–85; Fla. Stat. 626.9744 (requiring matching costs for homeowners’ insurance policies but not mentioning commercial insurance policies); Ocean View Towers Ass'n, Inc.”
Lemon v. Hartford Ins. Co. of the Midwest (M.D. Fla. 2025). “54 at 4–5) (citing Fla. Stat. 626.9744) (emphasis added). However, the Policy does contradict the statute because it provides coverage only for “direct physical loss.”
Great Lakes Ins. SE v. Ming & Kwang Dev. Corp. (M.D. Fla. 2025). “It is true that Florida Statute § 626.9744 provides matching costs in homeowner’s insurance policies “[u]nless otherwise provided by statute” and that there is no parallel statute imposed on commercial policies.”
— 626.9744(2) — 1 case
CMR Constr. & Roofing, LLC v. ASI Preferred Ins. Corp. (M.D. Fla. 2021). “” § 626.9744, Fla. Stat. Here, because the policy limits coverage to “direct” losses, section 626.”
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