Hardwood Floor Water Damage Repair in Florida: Protecting Your Claim

If water has damaged your hardwood floors in Florida, protect the insurance claim before and during the repair. Photograph and video the whole floor before anything is torn out, take reasonable steps to stop further damage, keep every receipt, read any contract before signing and report the claim promptly. These steps help you document the claim if the insurer offers to pay for a small patch instead of a matching floor.

Step 1: Document the whole floor before anything is removed

Before the crew pulls boards or sets up drying equipment, photograph and video every affected room. Capture:

• Cupping, buckling, gaps and staining
• How far the flooring runs without a break into hallways and adjoining rooms
• Close-ups of the wood species, color, finish and board width, with a tape measure in the frame
• The water source, if you can see it

Photograph the undamaged areas too. They show what replacement boards would have to match. Keep damaged boards or a sample when practical, plus any spare flooring or purchase records.

The Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes, applies to insurers issuing personal lines residential property policies. It advises policyholders to keep the damaged property, if feasible, and to take photographs or video of damage before and after any repairs to provide to the insurer. If you are unsure your loss is covered, read what qualifies as water damage in Florida.

Step 2: Mitigate and keep every receipt

The duty to take reasonable steps to protect your property from further damage comes from your insurance policy, so read its section on your duties after a loss. Separately, the Bill of Rights advises policyholders to make and document emergency repairs that are necessary to prevent further damage and to keep all receipts. That is advice. The statute states that the Bill of Rights does not create a civil cause of action.

Stop the water source if you safely can. Keep every invoice for drying, equipment and emergency work, and ask the crew for copies of their moisture readings and photos.

The Bill of Rights also advises contacting your insurance company before entering into any contract for repairs, to confirm any managed repair policy provisions or optional preferred vendors.

Step 3: Read the paperwork before you sign

Under section 627.7152, Florida Statutes, an "assignment agreement" is an instrument by which post-loss benefits under a residential or commercial property policy are assigned or transferred to a person providing services. A work authorization that does not transfer post-loss benefits is not an assignment. Read every page either way.

The rules depend on when your policy was issued:

• Policies issued on or after January 1, 2023: Under s. 627.7152(13), Fla. Stat., a policyholder may not assign, in whole or in part, any post-loss benefit under a residential property policy, except as provided in subsection (11). One of those exceptions is a chapter 709 power of attorney that grants a management company, family member, guardian or similarly situated person authority to act for the insured on a property insurance claim. An attempted assignment is void, invalid and unenforceable.
• Policies issued on or after July 1, 2019, and before January 1, 2023: The agreement must be in writing, contain an itemized, per-unit cost estimate and let you rescind without a penalty or fee by signed written notice within 14 days after execution. You may also rescind at least 30 days after the scheduled start date if the assignee has not substantially performed, or at least 30 days after execution if there is no start date and substantial work has not begun. You remain responsible for your deductible, any betterment you approve and any contracted work performed before you rescind.

The Bill of Rights also advises carefully reading any contract that requires out-of-pocket expenses or a fee based on a percentage of your insurance proceeds.

Step 4: Report promptly and know the insurer's deadlines

Under section 627.70132, Florida Statutes, a claim or reopened claim is barred unless notice is given to the insurer, as the policy requires, within 1 year after the date of loss. A supplemental claim must be noticed within 18 months after the date of loss. These limits are tolled during a servicemember's deployment to a combat zone or combat support posting that materially affects the ability to file.

Section 627.70131, Florida Statutes, applies to residential property insurers, including surplus lines insurers providing residential coverage. The insurer must:

• Acknowledge your communication within 7 calendar days, unless payment is made within that time or the failure is caused by factors beyond the insurer's control. This rule does not apply to claimants represented by counsel beyond communications necessary to provide forms and instructions.
• Begin its investigation within 7 days after receiving proof-of-loss statements, unless the policy or law provides otherwise, or the failure is caused by factors beyond the insurer's control.
• Conduct any physical inspection within 30 days after receiving proof-of-loss statements. The adjuster must give you their name and state adjuster license number.
• Send you any detailed estimate within 7 days after its adjuster generates it. The insurer need not create one if it is not reasonably necessary.
• Pay or deny the claim, or a portion of it, within 60 days after receiving notice, unless the failure to pay is caused by factors beyond the insurer's control.

These requirements are tolled during mediation under section 627.7015 or alternative dispute resolution provided in the policy, until that proceeding ends. They are also tolled if you or your representative fail to provide requested material claim information within 10 days after the request was received. That tolling ends when the insurer receives the information, and it applies only to requests sent at least 15 days before the insurer must pay or deny the claim.

If the insurer pays for only a patch

Under s. 627.70131(7)(a), Fla. Stat., the insurer must give you a reasonable written explanation of the basis in the policy, in relation to the facts or applicable law, for a payment, denial or partial denial. If it pays less than its own detailed estimate, it must explain the difference in writing. Ask for that explanation and the estimate, then respond with your photos and measurements.

Section 627.7015, Florida Statutes, provides a mediation program for claims under personal lines and commercial residential policies, subject to exceptions. The insurer bears the cost of conducting mediation conferences, except as the statute provides otherwise. A denial, a delay past these deadlines or a payment that leaves part of your floor unrepaired is a reasonable point to talk with a lawyer.

Frequently Asked Questions

Does my insurer have to replace the whole hardwood floor?

That depends on your policy terms and the facts of the loss. The insurer must explain in writing the policy basis for what it pays or denies. Photos of the full run of flooring and the undamaged areas help document why a patch may not match.

Should I let the crew throw away the damaged boards?

Photograph and video them first, and keep a sample when practical. The Homeowner Claims Bill of Rights advises keeping the damaged property, if feasible, and photographing damage before and after repairs.

Is a work authorization the same as an assignment of benefits?

No. An assignment agreement transfers post-loss insurance benefits. A work authorization that only approves work does not. For policies issued on or after January 1, 2023, post-loss benefits generally cannot be assigned, subject to the limited exceptions in the statute.

Talk to Louis Law Group

Louis Law Group is a law firm. We do not perform restoration or repair work. If your hardwood floor water damage claim was denied, delayed or underpaid, see if you qualify or call (833) 657-4812. Our office is at 12 SE 7th St Ste 805, Fort Lauderdale, FL 33301.

This article is general information, not legal advice.