Florida homeowners insurance laws dictate how much an insurer has to pay in the event of a “total loss” to a home.

The law that applies to total loss cases is called the Valued Policy Law. Under this law, an insurer is obligated to pay the entire amount of insurance provided under the policy even if the repair or replacement of the building could be done for less. When identifying a total loss, an insurer must consider whether the cost of building repair might exceed the property’s value. This can become complicated in cases where a single event causes two types of damage. This often occurs in the case of hurricanes, which cause damage by flood and wind. Wind is typically covered under a homeowner’s insurance policy, while flooding is not. Many questions have been raised with respect to the application of the Valued Policy Law in these cases.

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