What Counts as an Underpaid Claim
- Insurer estimate omits trades (e.g., painting, baseboards, or electrical)
- Low unit pricing compared to contractor bids
- Recoverable depreciation never released
- Code upgrades ignored under Ordinance or Law coverage
How to Check for Underpayment
- Compare line by line. Match your insurer’s scope against an independent estimate or Xactimate report.
- Review depreciation. Verify if recoverable amounts were withheld and not released.
- Check coverage breakdown. Water or mold sublimits may have been misapplied.
Florida Statutes on Supplemental Claims
- § 627.70132 F.S. — notice of a new or reopened claim is generally due within 1 year of the date of loss, and a supplemental claim within 18 months. Which applies depends on your policy and your date of loss.
- § 627.70131 F.S. — Insurers must respond to supplemental Proofs of Loss within 30 days.
- § 626.854 F.S. — Public adjusters can negotiate additional payment directly with the carrier.
- § 95.11(2)(e) F.S. — a separate five-year limit, running from the date of loss, for bringing a court action for breach of a property insurance contract. It is not the notice deadline and does not extend it.
Steps to Recover the Difference
- Gather your insurer’s estimate and check stubs.
- Get an independent estimate (contractor or adjuster).
- Document unreleased depreciation and missing work.
- File a supplemental claim or request appraisal.
Typical Recovery Range
- Minor omissions: +15–25% of original payout
- Missed trades or full-scope corrections: +40–60%
- Major roof or water underpayments: +80–150%
FAQs
How do I know if my claim was underpaid?
If your contractor’s estimate is higher than the insurer’s or certain repairs were skipped, it’s likely underpaid.
Can I reopen an underpaid claim?
Often, yes — but the timing turns on your policy and your date of loss. Under Fla. Stat. §627.70132, notice of a reopened claim is generally due within one year of the date of loss and a supplemental claim within 18 months. Whether yours is still open is worth one call: 352-353-4556.
What is recoverable depreciation?
Money the carrier holds back until repairs are completed — you’re entitled to it when work is finished.
Related Guides
- Does Insurance Cover Roof Leaks in Florida?
- Insurance Denied My Water Damage Claim
- Hurricane Claim Denied in Florida
- Mold Coverage Under Florida Homeowners Insurance
This page provides general information, not legal advice. Coverage varies by policy and damage type.