How Attorneys Can Help After a Hurricane

Getting To Know the Right to Repair Clause in Your Home Insurance Policy


If your home sustained damage following a flood, fire, or hurricane, you’ll want to make sure that the repairs are completed in full, so that it is restored to its former glory. You want to be able to choose the contractor yourself and oversee the work. After all, your home is precious to you.

But not so fast. What does your home insurance policy state? Did you know that there’s a little clause in your home insurance policy that could have a big impact on how the repairs are carried out?

It’s time to shine a light on the ‘Right to Repair’ clause. 

So, what exactly is the ‘right to repair’ clause in your home insurance policy, how could it affect you, and what can you do about it?

Jenkins Law has the scoop, so let’s get started.

What is the right to repair clause?

Florida’s Right to Repair Act, known as Florida Statute 558, was established as an alternative for suing for construction defects. Several property insurance policies contain ‘Right to Repair’ provisions, or ‘Option to Repair’ clauses, which give the insurance company the power to control the repairs to your home.

If your home has been damaged, you’ll want to make a claim with your home insurance company right away. However, the insurance company might invoke its “right to repair” clause. This means that the insurance company has the option to repair your property using their own contractors, instead of sending you the insurance proceeds so that you could arrange the repair yourself.

Why is that a big deal, you may ask? Well, sometimes the contractors that the insurance company sends don’t complete the work to the industry standard, which leaves your home repairs incomplete or poorly done. Wouldn’t you rather engage a contractor that you know and trust? Wouldn’t you want to ensure that the water damage is truly sorted, and the roof fully restored?

If the ‘Right to Repair’ clause is invoked, the insurance company becomes the guarantor (in other words, the one who’s financially responsible for ensuring that the work is completed in full) and not the contractor. 

Understandably, the right-to-repair clause leads to disputes between the homeowner and the insurance company.

What can you do to protect yourself?

Now that you understand the clause, let’s explore how you can protect yourself.

  1. Check your policy.

It’s important to know what’s contained within your policy so that you’re aware of your rights. When renewal time comes around, ask about their ‘right to repair’ policy. 

  1. Get professional advice

Sometimes an insurance company will make a threat of invoking the ‘Right to Repair’ clause to make the homeowner agree to an unfair settlement offer. Never agree to accept anything less than you’re owed under the terms of your home insurance policy. Always consult with an experienced legal professional to get advice on your next move.

Always looking out for you

There’s an awful lot to know when it comes to home insurance claims in Florida, and there’s an awful lot of game-playing by insurance companies. 

Thankfully, we are the experts, and we can help you to succeed in your claim and gain the fair compensation that you deserve. We aim to make sure that your rights are protected. We know how to deal with insurance companies who are masters of debating home insurance claims. There’s no need to fall victim to any games they might play. 

We are a legal team that you can count on. At Jenkins Law PL, we know the intricate ins and outs of home insurance claims. When you need us, we’ll be there. Get in touch to learn more.