By SPJ Adjusting Services | Insurance Appraisals
Why Texas policyholders in Florida have more obstacles in filing claims than ever, and how SPJ Adjusting levels the field.
Why Texas policyholders in Florida see more claim disputes – and what you can do about it:
Insurance claims are supposed to be straightforward: you incur a loss, you file a claim, and your insurer pays what is due under the policy. But for many a homeowner and business owner in Florida-let alone those with ties to Texas, or Texas-issued policies-the practice has grown increasingly unpredictable.
At SPJ Adjusting, we often help policyholders throughout the country when insurers lowball, delay, or botch property claims. In the last several years, one trend has risen to the top unfortunately: Texas policyholders whose properties are located in Florida newly face legal hurdles-most often when an insurer intentionally underpays a loss and subsequently tries to hide behind technicalities.
A recent Florida appellate decision showed just how easily carriers could manipulate settlement mechanisms such as appraisal to avoid accountability. What it did reveal, however, is quite important: a way forward for policyholders who refuse to take unfair claim outcomes lying down.
The article below outlines what Texas policyholders need to know, what is driving the changing legal landscape in Florida, and how SPJ Adjusting’s appraisal and umpire services help even the playing field.
How Underpaid Claims Usually Originate: A Scenario We Witness Every Week
Consider the typical Texas family owning a second home in Florida. A hurricane whips through the Gulf and tears off roofing, soffits, windows, and interior finishes. The homeowner promptly reports the loss, anticipating their insurer to step up.
Instead, the first adjustor arrives with a handheld device, walks the property for 20 minutes, and then leaves.
A week later, an estimate arrives.
$612.19, just low enough to fall under the deductible.
No restitution. No meaningful explanation. Just a jarring disconnect between destruction and dollars.
But let the homeowner hire their own expert, and that is when the real scope comes into play: tens of thousands in roof replacement, interior repairs, structural remediation.
Yet, the carrier doubles down by sending a second adjuster-who amazingly enough supports the original lowball conclusion.
We see it all the way from Texas hail claims to Florida hurricane claims. The message is
The burden of proof in showing that a loss was undervalued by an insurer from the outset lies with the policyholder.
That is where SPJ’s adjusters, appraisers, and umpires often come into play.
How Appraisal Helps-but Can Also Be Used Against You
Appraisal is an invaluable tool in Texas and Florida property insurance disputes. In such cases where parties disagree on the value of damage, an appraisal offers a neutrally advantageous method to settle the number.
SPJ Adjusting regularly serves:
Insurance appraisers-represent the insured
Arbiters-neutrals chosen by both parties
We see this when appraisal work functions just as intended: wrong carrier estimates are corrected, and the insurers pay the bill.
But here is the thing:
Some insurers hide behind appraisal to avoid liability.
They had lowballed the claim on purpose, then dragged the homeowner through several months of delay until, finally, the appraisal award forced them to pay tens of thousands more. They write a check oftentimes years late and claim that the matter is now “resolved.”
No admission of guilt.
No accountability.
Nothing happens.
This manipulation has become more common for Texas policyholders who have property in Florida.
Florida’s 2022 Law in Bid to Block Bad Faith Lawsuits
In 2022, Florida legislators passed legislation that made it harder for policyholders to sue insurers for bad faith.
The statute specifically required:
The policyholder might not sue for bad faith unless the court beforehand had already ruled that the insurer breached the contract.
No appraisal award was presented as evidence of breach.
This statute limited all extra-contractual claims under Fla. Stat. 624.155.
On its face, the rule sounded simple. In practice, it created an enormous loophole:
Otherwise stated, if an insurer underpaid your claim and then later paid after an appraisal, you couldn’t sue them for their wrongful conduct-even though you suffered delays and financial hardship or extensive property deterioration.
This was a big win for the carriers, though a serious blow to the homeowners.
It meant a Texas homeowner with a Florida property could fight two years for payment and finally win through appraisal, yet still be barred from suing the insurer for unethical behavior.
The Case That Changed Everything
A statute like this one was challenged by a policyholder after her insurer tried to apply it retroactively in an attempt to escape liability. She argued that :
Her bad faith claim had “vested” under former Florida law.
A legal right, which existed before the making of the law, could not be taken away by the new statute.
The Florida First District Court of Appeal agreed.
Key Findings from the Court:
Florida law does not permit new statutes to retroactively divest accrued, valid causes of action.
The statute in 2022 created new legal burdens and therefore could apply only prospectively.
Because the rights of the insured existed prior to the statute, her bad faith action could stand.
This is an important reminder to Texas policyholders with Florida claims that
Insurers cannot avoid the consequences of past misbehavior just because later in time the law changes.
This decision is a huge victory for the consumer and a very much-needed course correction in one of the most complicated insurance environments in the nation.
Why This Matters for Texas Policyholders in Florida
- Delay does not destroy mala fides.
You may have remedies if an insurer intentionally underpays your claim and later writes a check for more after appraisal. - Appraisal does not relieve the obligation for ethical claim handling
An insurer may be found liable, even if the dispute settles through appraisal for:
Delays,
Lowball estimating,
while disregarding evidence.
or for failure to investigate adequately. - Texas policyholders are further confused
Many of our clients we help own property in various states. Where a Florida loss is insured by a Texas carrier, the playing field of rules just got more complex-sometimes even intentionally so. - The Insurance market in Florida is ever-changing and dynamic.
New statutes, case law decisions, and carrier insolvencies have made Florida one of the most challenging jurisdictions to manage a claim, particularly for out-of-state owners.
That is why SPJ Adjusting has developed a national footprint-to provide the same level of service to policyholders no matter where.
The SPJ Adjusting Approach: Texas-Level Expertise Now Serving Florida Claims
SPJ Adjusting represents the insured in Texas and Florida. We handle underpaid claims issues in:
Hurricane losses
Flood damages
Hail and wind claims
Roof and structural collapse
Water damages and pipeline bursts
Commercial property losses
Our services include:
Insurance Appraisal We independently quantify your damages and negotiate on your behalf when the insurance company’s estimate is insufficient. Umpire services When appraisers disagree, SPJ provides fair, neutral umpire decisions based on actual damage-not carrier shortcuts. Claim Review and Consultation We review the entire claim file to verify that actions by an insurer meet the claim-handling standards in Texas and Florida. Contractor & Estimate Coordination We help policyholders compile professional documentation that the insurers respect. Guidance on Next Steps Although SPJ is not a law firm, we do try to educate policyholders about options available for bad faith litigation, consumer complaints, and their statutory rights.
How Texas Policyholders in Florida Can Protect Themselves
1. Document Everything Keep photos, bills, letters, e-mails, inspection notes-anything that shows how your claim developed.
2. Immediately challenge low estimates The sad reality is that many insurers hope the policyholder will simply accept the first number given.
3. Involve a professional early A qualified public adjuster, appraiser, or expert eliminates options whereby the insurer can come out and control the narrative.
4. Don’t Let Appraisal be used against you Appraisal settles valuation issues-not liability or bad faith. Know the difference.
5. Know your rights Even with new laws on the books, the courts still recognize the ability of policyholders to challenge unfair practices.
Conclusion:
The Ball is Still in the Policyholder’s Court The insurance laws in Florida may change, but accountability does not. Texas homeowners with property in Florida don’t have to accept lowball offers, long delays, or manipulated appraisal outcomes. With good advice, proper documentation, and a readiness to fight back, fair resolutions of claims can still be made for the policyholders-and often well beyond what the insurer originally offers. At SPJ Adjusters, we stand shoulder to shoulder with clients around the country to ensure insurers honor the promises they make. You deserve nothing less.
Call to Action (If Needed)
Serving all of the United States with Insurance Appraisal and Umpire Services.
