Mitigation Duty — The Tarps, the Drying, the Receipts

What you'll learn

The contractual + legal duty Florida policies impose on you the moment damage happens. What you must do. What's reimbursable. What gets you denied.

---

3.1.1 The duty

Every Florida homeowner policy contains a Duties After Loss clause. One of those duties:

"Take reasonable steps to protect the property from further damage."

This is mandatory. Not a suggestion. Failure to mitigate can:

• Reduce or void coverage for damage that follows the initial event
• Create a coverage defense the carrier uses to deny the entire claim
• Trigger neglect exclusions in the policy

---

3.1.2 What "reasonable mitigation" means

Time-sensitive. Cost-sensitive. Common sense.

Loss type	Reasonable mitigation
Roof damage / leak	Tarp the roof. Move belongings out from under the leak. Bucket the water.
Burst pipe / water intrusion	Shut off water source. Extract standing water. Set up fans/dehumidifiers. Call water mitigation company.
Fire damage	Board up broken windows/doors. Remove smoke-damaged contents to protect from further smoke spread.
Broken window / door	Board up. Cover with plastic sheeting.
Hurricane / wind damage	Tarp openings. Remove fallen tree limbs from structure. Protect contents.
Mold/water	Remove wet drywall, carpet, padding within 24-48 hours to prevent mold spread.

Speed matters. Mold can grow within 24–48 hours of water intrusion. Wet materials left in place become a separate exclusion fight.

---

3.1.3 What's reimbursable

Mitigation costs are reimbursable under your policy. Most policies pay these as part of Coverage A or as a separate "reasonable repairs" provision.

Reimbursable items:

• Tarp materials + installation labor
• Water extraction service (truck-mounted extractors, professional crews)
• Drying equipment (fans, dehumidifiers — daily rental rates)
• Demolition + debris removal of unsalvageable materials
• Boarding up services
• Contents pack-out (removing items to safe storage)
• Temporary storage of contents
• Emergency plumbing / electrical to stop ongoing damage

Save every receipt. Without receipts, the carrier won't pay.

---

3.1.4 What's NOT reimbursable

Watch the line between mitigation and full repair.

Mitigation = stopping further damage. Repair = restoring to pre-loss condition.

Carriers will reimburse mitigation. They expect to scope and price the repair separately, often through their adjuster.

Don't:

• Hire a contractor to do full repairs on day 1 without carrier approval
• Pay for "restoration" that goes beyond drying out + tearing out
• Sign an Assignment of Benefits to a restoration company (post-2023 reform — largely unenforceable on residential anyway, but the contracts still circulate)

---

3.1.5 The Assignment of Benefits trap

Mitigation companies (water restoration, roof tarp services) historically had homeowners sign Assignments of Benefits (AOBs) that transferred claim rights to the vendor, who then billed the carrier directly + sometimes sued.

Florida reform — HB 7065 (2019) and SB 2A (Dec 2022): new AOBs on residential property policies issued or renewed on/after January 1, 2023 are largely banned/restricted.

What to do now:

• Don't sign AOBs. Some restoration companies still present them — refuse.
• Pay vendors directly + submit receipts to carrier.
• If a vendor insists on AOB to do the work — find another vendor.

---

3.1.6 Documentation while mitigating

Mitigation often destroys evidence. Tarping covers up damage. Tear-out removes drywall the carrier wants to inspect.

Photograph EVERYTHING before you mitigate:

• Wide shots of the affected area
• Medium shots showing damage scope
• Close-ups of every damaged item, surface, system
• Time-stamped + geo-tagged
• Multiple angles
• Open the wall cavity if water/mold — photograph what's behind drywall before removal

Iron rule: if you don't have a photo from before the mitigation, you can't claim it later. Photo > argument.

Detailed photo standards in 3.2 — Documentation Discipline.

---

3.1.7 Hiring mitigation services

Vetted mitigation companies

Use IICRC-certified water/fire/mold restoration companies. The IICRC certification means they follow industry standards (S500 for water, S520 for mold).

Don't hire the first company that knocks on your door

Post-storm "storm chasers" canvass neighborhoods offering free inspections + immediate work. Some are legitimate. Many are scams or AOB-driven operations.

Vet first:

• Florida contractor license # (verify at myfloridalicense.com)
• IICRC certification
• Local references
• Reviews
• Written estimate + scope before any work begins

Get the scope in writing

Mitigation contract should state:

• Scope of work (what they're doing)
• Equipment + duration
• Pricing (per square foot or total)
• Payment terms (you pay, then submit to carrier — NOT AOB)

---

3.1.8 Communicating mitigation to the carrier

The moment you know you have a covered loss — call the carrier and note the mitigation steps you're taking.

Suggested language:

"I've reported claim # [X]. I'm taking these mitigation steps: [tarping, water extraction, drying, etc.]. I'll submit receipts after work is completed. The work is reasonable to prevent further damage to the property."

Document the call — date, time, who you spoke to, what was discussed. Follow up in writing (email or carrier portal) with the same information.

This creates a record that mitigation was done in good faith — which forecloses any later "neglect" argument by the carrier.

---

3.1.9 Common mitigation disputes

"The carrier is saying I over-mitigated"

Carrier may argue that emergency tear-out was excessive. Defense: IICRC standards (S500) define what's reasonable. Document IICRC compliance.

"Carrier wants to send their own mitigation vendor"

You can use the carrier's vendor or your own. Carrier-network vendors are sometimes faster and pre-billed. Your vendors give you more control. Either is fine — what matters is the work gets done quickly + properly + documented.

"The carrier won't pay all my mitigation costs"

Each item should be itemized + receipted. If carrier disputes a specific line item, ask them to specify why in writing. Most disputes are resolved with vendor invoice + IICRC scope justification.

---

3.1.10 Action steps

1. Save this list. The day a loss happens, work top to bottom.
2. Photograph everything before you mitigate.
3. Stop the bleeding — tarp, dry, board, extract.
4. Save every receipt for materials + services.
5. Notify the carrier of mitigation steps in writing.
6. Don't sign AOBs.
7. Use IICRC-certified mitigation vendors when possible.

Next: 3.2 Documentation Discipline.

---

Educational. Not legal advice. Florida AOB law has changed substantially since 2019 (HB 7065) and 2022 (SB 2A). Specific mitigation duties + reimbursement vary by policy. Verify against your own policy before relying on any rule.