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Ocean Point Claims Company
Insurance company underpaid my claim
Problem

My insurance company underpaid my claim. What do I do?

Underpayment is the most common Florida claim problem, and the most fixable. Carriers frequently under-scope estimates, withhold depreciation that should have been released, miss code-upgrade coverage, and ignore matching requirements. A full re-estimate typically captures the gap.

Short answer: Underpaid Florida claims are usually fixable. Get a full Xactimate re-estimate, identify missing scope (code upgrades, matching, ALE, contents), invoke the appraisal clause if the dispute is about amount of loss, or file a Civil Remedy Notice if bad-faith conduct is documented. The statutory window is 18 months for a supplemental claim.

Where underpayment usually hides

  1. Scope reduction: Xactimate line items missing from the carrier's estimate (demo, haul, drying hours, protection, code upgrades)
  2. Depreciation: ACV paid but RCV holdback not released
  3. Matching: Fla. Stat. 626.9744 requires matching of like kind and quality; carriers often pay only partial replacement
  4. Code upgrades: law and ordinance coverage often not included when it should be
  5. Contents: personal property scheduled at depreciated, unclaimed, or under-valued
  6. ALE: additional living expense underclaimed or not documented
  7. BI: business interruption period of restoration understated

What to document

  • Your full policy (declarations + form + endorsements)
  • The carrier's estimate (ideally in Xactimate format)
  • Any contractor estimates you've obtained independently
  • Photographs of all damage
  • Timeline of events
  • Any prior communications with the carrier

Insurance company delayed my claim Florida

Close the gap

  1. Get a full re-estimate in Xactimate (the carrier's own software): a Florida public adjuster prepares this
  2. Identify statutory tools that apply: matching, law and ordinance, ALE
  3. Submit a supplemental claim documenting the additional scope
  4. Invoke appraisal if the dispute is specifically about amount (not coverage)
  5. File a Civil Remedy Notice if bad-faith conduct is documented
  6. Escalate to counsel if litigation is warranted

Time limit

Under Fla. Stat. 627.70132, supplemental claims must be filed within 18 months of the date of loss. Act before the deadline.

Related

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