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Ocean Point Claims Company
Florida matching statute
Florida Statute § 626.9744

Florida Statute 626.9744: Matching of Repaired or Replaced Items

Requires insurers to replace damaged items with materials of like kind and quality. When a reasonable match is unavailable, the insurer must pay for replacement of a reasonably continuous area.

What the statute requires

When a covered loss damages items (roofing, siding, flooring, interior tile), the carrier must replace with materials of like kind and quality. When a reasonable match is unavailable, because the product is discontinued, the color run is closed, or matching within tolerance isn't practical, the carrier must pay for replacement of a "reasonably continuous area."

What "reasonably continuous area" means

If a section of your tile roof is damaged and the specific tile color/style is no longer manufactured, the continuous area extends to whatever area is visually connected: often the entire roof slope, sometimes the entire roof. Carriers will argue for the smallest continuous area; you argue for the largest reasonable one.

Common application

  • Roofing: non-matching replacement tile; entire slope or entire roof replacement typically supported
  • Siding: specific color/style discontinued; entire elevation or entire exterior
  • Interior flooring: specific tile lot no longer available; continuous area per floor
  • Cabinetry / built-ins: custom sizing or finish; continuous unit replacement

Carrier pushback

Carriers routinely deny matching on grounds that:

  • "Only the damaged section needs replacement" (wrong under the statute when matching is unavailable)
  • "The aesthetic match is subjective" (irrelevant: the statute requires actual match, not subjective aesthetic)
  • "Partial replacement is functionally adequate" (irrelevant: the statute governs, not functional adequacy)

Related

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