Interior Floor and Wall Tiles

Interior floor tiles often suffer damage from a covered loss however the damage itself may not be obvious to the untrained eye. For example, in the unfortunate event of moisture intrusion beneath a floor or wall tile from a plumbing leak or roof leak, the mortar adhesion may be compromised. This will cause the tile to sound hollow when tapping onto its surface. Moisture can also cause the mortar and tile to “tent” causing cracking of the tile itself as well as a dangerous condition for pedestrians.

Breaks, chips or other damages to your interior floor or wall tiles that occur as a result of a peril insured against may require the insurance company to replace all of the tiles in the event there are no longer tiles of like, kind, and quality existing in the market. This requirement is created by what is commonly known as “Florida’s Matching Statute.” Please see the following for ease of reference:

§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.

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The attorneys at Fair Claims Law aggressively represents its clients in pursuing their insurance claims with the goal of recovering the benefits owed to them under their property insurance policy. Fair Claims Law’s attorneys have handled nearly every kind of loss ranging from windstorm, water losses, fires, and many others. The lawyers at Fair Claims Law strive to provide excellent customer service and take pride in achieving their goals.

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