By SPJ Adjusting Services | Insurance Appraisals
Texas Policyholders in Florida Face More Claim Disputes Than Ever, and What You Can Do About It
Texas Policyholders in the State of Florida are being faced with more legal, procedural, and strategic challenges in making property claims. This is not how claims should be processed loss, making a claim, the party that owes compensation coughing up the cash, and that is it. But for many, particularly Texas Policyholders in the State of Florida with Texas-based policies, things are no longer that cut and dry. At SPJ Adjusting, we commonly assist policyholders who find themselves targeted by lowball offers, delays, or mismanagement of claims from carriers. Lately, a disturbing pattern has appeared, with Texas policyholders being impacted most heavily, especially when carriers pay low initially with the goal of later claiming the law shields them from responsibility.
An example of a recent appellate case in the state of Florida that has been used by insurers to escape accountability is offered. Following is what all policyholders need to know, how the playing field has been changed, and how SPJ can equalize that playing field.
The Roots of Underpayment Claims: An Observational Pattern That Emerges Every Week
Suppose that a normal Texas family has a second home in, say, Florida. Then, a hurricane hits the region, resulting in damage to roofs, soffits, windows, and inside furnishings. The owner, as one can presume, reports the damage with necessary claims.
In the revised procedure, the claims adjuster from the carrier conducts a 20-minute walk-through before
One week later, a short estimate is received:
$612.19 – close to the deductible.
Often there is no real explanation; lack of correlation with destruction.
But when the homeowner retains an independent expert, the true scope becomes evident tens of thousands of dollars to replace the roof, make structural repairs, and rectify the inside. The insurance company sends a second adjuster who amazingly is on the side of the initial, lowball estimate.
This phenomenon is evident in hail claims in Texas to hurricane claims in Florida. In short, this is what is conveyed:
The onus of proving that a claim has been underpaid is on the policyholder.
This is exactly what licensed adjusters, appraisers, and umpires with SPJ Adjusting can address.
How Appraisal Helps
Appraisal is a useful tool that helps parties
Appraisals aim to provide an exclusive determination on the assessment of damages. The following are some of the instances where SPJ Adjusting is most commonly used as
Appraisers for the Insured
Umpires when both parties cannot agree on a price
If used effectively, the problem of inaccurate carrier projections is corrected, compelling carriers to pay what they owe.
But here’s the problem:
In some cases, some insurance companies use the appraisal process as a means
They undervue the loss, stall for several months, waiting on appraisal to force a better indemnity, write the check, but now the problem is solved.
No admission of wrongdoing.
No reason has been given yet for the
No consequences.
This has become a tactic that has been on the rise for Texas Policyholders within the state of Florida.
The 2022 Law of Florida: An Obstacle for Thwarting Deception Lawsuits
In 2022, the state of Florida enacted a statute that made it far more difficult to assert a bad-faith claim. The law stated that a plaintiff had to prove
It appears that a court is required to find a contractual breach before making a bad-faith claim actionable.
An award in an appraisal could not serve as evidence of a breach.
This led to a huge loophole:
In cases where an insurance company underpaid your benefits but later paid following an appraisal, you cannot sue for bad faith even in cases where there were delays, increased costs, or damage to your property.
It meant that Texas Policyholders in Florida might spend many years to fight for a fair amount, only to still lack a legal recourse against unethical practices.
The Case That Changed the Landscape
A beneficiary challenged the retroactive effect of the statute of 2022, contending that:
Her bad-faith rights were already vested under the prior law of Florida
Nothing in the new law could waive existing rights
The First District Court of Appeal agreed.
Key Holdings
The law in Florida is that a new statute cannot be used to abrogate a valid cause of action with retrospective effect.
The 2022 law had to be prospective.
The bad-faith claim against the policyholder
This is critical for Texas Policyholders in Florida:
In other words, the insurers cannot wipe away the liability because of a later change in the law.
Why This Matters for Texas Policyholders in Florida
- Delays will not eliminate bad faith.
Even in cases where the later payment by the carrier is made via an appraisal, there may be available remedies.
- Ethics are not excused by constructive evaluation.
Insurers may, nevertheless, be liable for:
lowball estimates
delays
ignored evidence
improper investigations
- Cross-state owners possess complexities.
Texas Policyholders are commonly faced with Texas policy forms + Florida Claim Rules.
The reason is that the insurers are aware of this, and sometimes they
- The Florida insurance environment is always changing.
High numbers of statutory changes, judicial precedents, and carrier bankruptcies make Florida one of the most difficult states for non-resident owners to operate in.
This is exactly why SPJ Adjusting has a national presence to provide a consistent, reliable service whichever jurisdiction is involved.
SPJ Adjusting’s Methodology: Texas-Level Expertise Now Available to the
We represent policyholders in Texas, as well as the State of Florida, for underpaid claims, as well as disputes, pertaining to:
Hurricanes
Wind and hail
Flooding
Structural failure, roof failure
Water damage, burst pipes
Losses of commercial properties
Our Services Include
Insurance Appraisal
We assess all the damages separately, negotiating in cases when the carrier’s estimate is low.
Umpire Services
In cases where there is a conflict of opinion amongst the appraisers, SPJ delivers a fair, impartial verdict that is made
Claim Review & Consultation
We examine the claims record to make sure that the carrier met required standards in the two states.
Contractor & Estimate Coordination
We assist policyholders in preparing professional documents that cannot be disregarded by the insurer.
Guidance on Legal Options
We
Although SPJ is not a law practice, it advises clients on their course of action.
How Texas Policyholders in Florida Can Protect Themselves
- Document Everything
Photos, invoices, letters, emails, inspections, keep it all.
- Question low projections promptly
They depend on the policyholders’ silence.
- Bring in a professional early
An expert blocks the narrative from being controlled by the insurer.
- Take Care That Appraisal Doesn’t Work Against You
It assesses value, not responsibility.
- Know your rights
Despite the new law, challenges to unfair practices are still accepted by courts.
Conclusion
Policyholders Still Have Power The laws concerning insurance in the state of Florida can be changed, but accountability is a practice that should never change Texas Policyholders in Florida are not forced to resort to low-ball offers, stalling, and appraisal manipulation. So, with expert help, proper documentation, and a readiness to dispute an unfair result, you are still able to reap the full benefits that are promised by your policy. SPJ Adjusting proudly joins side by side with clients in ensuring that the commitment made by the insurer is honored. You deserve no less.
