The Option to Repair: Good or Bad

Authors

Steven Silverberg

First Page

63

Document Type

Article

Abstract

Insurance companies that deal with homeowner's insurance strategize around not protecting the insured; unlike the commercials say, "you're in good hands." Rather, their strategy is to "delay, deny, and defend." This is never more prevalent than in the new option to repair provision in many property insurance policies. Due to the ever-evolving nature of insurance and its trying to find more ways to deny claims, insurance companies, such as People's Trust Insurance Company, are employing the option to repair provision, which is anything but trustworthy. Since this provision is new to the state of Florida, the courts have yet to develop a common interpretation of it. Ultimately, this paper will bring light to the flaws of the homeowner's insurance industry, as it stands today in Florida, while explaining what the law says about how the industry should be. Since the law states there are no punitive damages in breach of contract actions, insurance companies are maintaining their position of power to take advantage of their insured no matter how much their premiums are. This paper's goal is to show judges another avenue of how the law should be interpreted according to our common sense of what is right, and how the Office of Insurance Regulation should treat insurance companies.

Recommended Citation

Steven Silverberg, The Option to Repair: Good or Bad, 28 St. Thomas L. Rev. 63 (2015).
Available at: https://scholarship.stu.edu/stlr/vol28/iss1/4