Fla. to insurers: No deductible for crime damage
TALLAHASSEE, Fla. – April 17, 2014 – Florida property insurance law has a crime victims' exemption passed in 1994. Under the "Florida Crimes Compensation Act," owners do not have to pay a deductible on a property insurance claim for damage caused by a criminal act.
However, Florida Attorney General Pam Bondi notes in a letter to Insurance Commissioner Kevin McCarty that not all insurers adhere to the rules. As a result, McCarty issued a memo on April 8 reminding Florida insurers about the law.
"Eligibility (for negating the deductible) is determined solely by the Office of the Attorney General and may not be revisited by insurance companies," McCarty said in his memorandum. "Eligible insureds will receive a notice of waiver issued by the Office of the Attorney General that should be filed with their claim. Upon receipt of the notice of waiver, a company must pay for a covered loss even if the loss does not exceed the deductible or copayment provided in the policy."
The deductible waiver applies, but is not limited to, "victims who suffer personal physical injury or death, as well as 'elderly persons or disabled adults who suffer property loss that causes substantial diminution in their quality of life.'"
Under the law, all Florida property insurers must have procedures in place to properly adjust losses of individuals who are eligible under the Act.
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