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Is it legal for an insurance company to depreciate for

Is it legal for...

Is it legal for an insurance company to depreciate for damages suffered due to hurricane such as roofs?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: Has anything been filed or reported?

A claim was file with Citizens Insurance and approved the roof and fence replacement however they have taken in excess of 4k in depreciation to settle at the moment in partial settlement. I have questioned this but they are standing firm so far.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think this is sufficient. Thank you.

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Answered in 3 minutes by:
11/2/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,313
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
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Customer reply replied 3 months ago
I will wait for an answer to my question.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unless your policy specifies otherwise, the insurance company is only liable for providing the depreciated value of the loss. So the recovery will generally be the cost of a new roof, less the deductible and then less the depreciation.
That is not to say you can not negotiate the claim, but they are generally entitled to deduct depreciation.
I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,313
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Thanks for your answer, although I think this shows what our legislature is not there to help the citizens they represent.
I understand. It is a frustrating situation.
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Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,313
36,313 Satisfied Customers
Experience: 30 years experience representing clients.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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