A portion of FS §627.70153 Struck Down: What This Means For Policyholders In Florida

Homeowners across the state of Florida know a thing or two about the weather that takes place in the Sunshine State: the only certainty is uncertainty. That is precisely the reason why homeowners in Florida pay some of the highest insurance rates in the country. The last thing that should happen is making it easier for insurance companies to deny storm claims and making policyholders pay more money.

On July 1st, Florida Statute §627.70153 was enacted into legislation in an attempt to target how roof damage claims are handled. After receiving an abundance of criticism from homeowners and roofers alike, a portion of §627.70153 was recently struck down by a federal judge. The portion of the Bill targets roof contractors by restricting their means of communication with their clients, including both electric and written communications.

Judge Walker’s ruling reminds policyholders that their policy should cover damages for storm claims.

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“This portion doesn’t indicate that the ban only applies to speech that is ‘misleading, fraudulent, or concerning illegal activity”, says Judge Mark Walker who is responsible for the halt of this portion of §627.70153. Instead, the portion of the Bill is a direct violation of free speech under the First Amendment. The state failed to show why the ban on this type of speech by roofers is reasonable for reducing insurance costs for homeowners.

Although §627.70153 continues to remain a controversial topic for roofing contractors, Judge Walker’s ruling allows roofing contractors to advertise without the restrictions contemplated by the new law, which in turn helps remind policyholders that their policy should cover damages for storm claims. Given that §627.70153 gives insurers a lot of liberty, it is important for policyholders to remain educated and informed when disaster strikes. If you’re not sure what to expect from your claim, contact us.

To learn more about what the property damage law experts at Windy Law can do for you - give us a call at 844-849-0760 or email us at info@WindyLaw.com.
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