(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.
History.—s. 10, ch. 2004-370; s. 155, ch. 2004-390.
Structure Florida Statutes
Chapter 626 - Insurance Field Representatives and Operations
Part IX - Unfair Insurance Trade Practices (Ss. 626.951-626.99)
626.951 - Declaration of purpose.
626.9531 - Identification of insurers, agents, and insurance contracts.
626.9541 - Unfair methods of competition and unfair or deceptive acts or practices defined.
626.9545 - Improper charge identification incentive program.
626.9551 - Favored agent or insurer; coercion of debtors.
626.9561 - Power of department and office.
626.9581 - Cease and desist and penalty orders.
626.9591 - Appeals from the department or office.
626.9601 - Penalty for violation of cease and desist orders.
626.9621 - Provisions of part additional to existing law.
626.9641 - Policyholders, bill of rights.
626.9702 - Illegal dealings in premiums; excess charges for insurance.
626.9705 - Life or disability insurance; illegal dealings.
626.9706 - Life insurance; discrimination on basis of sickle-cell trait prohibited.
626.9707 - Disability insurance; discrimination on basis of sickle-cell trait prohibited.
626.9741 - Use of credit reports and credit scores by insurers.
626.9743 - Claim settlement practices relating to motor vehicle insurance.
626.9744 - Claim settlement practices relating to property insurance.
626.9885 - Financial institutions conducting insurance transactions.
626.9892 - Anti-Fraud Reward Program; reporting of insurance fraud.
626.9893 - Disposition of revenues; criminal or forfeiture proceedings.