Does My Insurance Policy Cover Matching?

Potential clients of Parrish Law may be wondering if they are entitled to recover “matching” damages under their insurance policy. The answer may depend on the specific language of the policy and the laws of the state where the property is located. In Florida, there is a statutory provision that addresses the issue of matching damages.

What is Matching? 

In the context of an insurance claim, “matching” refers to the practice of restoring damaged property to its pre-loss condition by using materials that match the undamaged portions of the property. For example, if a hurricane causes damage to a home’s tile roof, the insurance company would be responsible for paying the cost of replacing the roofing tiles with materials that match the undamaged portion of the roof, such as the same type, size, and color of the tiles. If the tiles cannot be matched (such that the newly replaced tiles match the portion of the roof with the old undamaged tiles), then it is likely that the insurer will owe to replace all of the tiles (even the undamaged portion) such that all of the tiles on the roof match (and so that your roof doesn’t look like a checkerboard, with tiles of various colors and no uniformity). 

Florida’s Matching Statute.

Florida’s matching statute, Fla. Stat. § 626.9744, applies to property insurance policies that provide coverage for the replacement cost of a loss. The statute indicates that if the policy requires “replacement of items and the replaced items do not match in quality, color, or size, the insurer shall make reasonable repairs or replacement of items in adjoining areas” so that the replaced items match as closely as possible in quality, color, and size. However, the statute does not require an insurer to pay for the costs of matching until after the repairs have been made and the costs of those repairs have been incurred.

Matching can be a contentious issue in insurance claims, as insurance companies may try to limit or deny coverage for matching on the basis of its policy language or other factors. Policyholders should be aware of their policy’s specific language regarding matching and any applicable state laws. In Florida, for example, there is a statute that requires insurance policies to provide coverage for matching, subject to certain limitations. It is also important for policyholders to document the pre-loss condition of their property with photos or videos, as well as to keep records of any repairs or replacements that are made following a loss. This documentation can help support a claim for matching and ensure that the policyholder receives the full amount of coverage they are entitled to under their insurance policy.

The Vazquez Case. 

The Vazquez v. Citizens Property Insurance Corp. case, decided by the Third District Court of Appeal in Florida in 2020, addressed whether a homeowner was entitled to recover matching damages under a replacement cost policy. In this case, the insured suffered isolated damage to a portion of tile flooring and sought recovery for the entire tile floor (including the undamaged portion) because, as alleged, the tiles could not be matched. The court held that the policy language and the statutory provisions governing replacement cost coverage did not require the insurer to pay for matching costs prior to the repairs being made. Instead, the insurer was only required to pay the actual cash value of the damage, with the matching costs being paid at replacement value once the repairs had been made and/or the costs of those repairs had been incurred. Because, in Vazquez, the policyholder had not yet made (or incurred the expense for) any repairs to the property, the court found that Citizens did not owe damages for “matching” as such coverage under the policy had not yet been triggered. 

In summary, if a policyholder has a replacement cost policy and is seeking to recover matching damages, they will generally (depending on the specific language of the policy) need to complete the repairs and/or incur the costs of those repairs before they can recover the matching damages. Thus, it’s important for policyholders to carefully review the language of their insurance policy and/or consult with an experienced attorney to determine their rights and options under the policy and applicable law – especially where the sometimes tricky issue of “matching” damages are involved.