Roof Claims
Hurricanes, fallen trees, strong winds, and even hail can significantly damage your home’s roof, resulting in water intrusion and costly interior damage.
Although your homeowner’s insurance policy is supposed to cover this type of damage, insurers routinely deny claims for roof damage, and resulting water loss, or refuse to pay for all of the costs necessary to repair or replace the roof.
Most roofs are constructed with shingle or tile coverings. There are important distinctions between these roof types with regard to signs of damage and necessary repair or replacement.
Shingle Roofs
Shingle roofs are strong and durable, but they are susceptible to damage caused by winds, hail, and flying debris. It is important to inspect your roof for signs of damage after windstorms, hail events, or hurricanes. Signs of damage to shingle roofs include:
- Tears or Missing Shingles – Shingle roofs can be lifted by wind-driven rain and high winds, causing shingles to tear or be removed completely.
- Curling Shingles – High winds can lift and dislodge the shingles causing them to curl, which leaves your roof vulnerable to rain and roof leaks
- Shingle Asphalt Granular Loss – Damage from wind, hail, or flying debris can cause or accelerate shingle asphalt granular loss, thus weakening the roof. Asphalt granular loss is generally calculated to occur at about a 3%/year. Wind, hail, or flying debris damage can accelerate this loss by anywhere from 15% to 45%. Even if the damage doesn’t totally destroy the shingle, or create an opening all the way to the matting, the artificially accelerated “aging” of your roof may be covered by your insurance policy.
- Shingle Bruising – Shingle bruising is usually caused by hail damage or impacts from flying debris during a hurricane or high wind event. When hail or debris strikes an asphalt shingle, it can cause a localized loss of granules, usually circular in shape, to the shingle and a fracture in the mat beneath the shingle. The damage to the mat is referred to as a “bruise” and can compromise the functional ability of the roof. Bruising and hail damage to a roof can cause a diminution of the water shedding ability of the shingle and a reduction in the functional life of the roof. Bruised shingles need to be replaced because they are no longer able to keep water and other elements from entering the structure.
- Hanging, Missing or Damaged Flashing – Wind driven rain and high winds can cause the flashing on your roof to become loose causing it to hang or be removed completely.
If you are experiencing any of these signs of damage to your shingle roof, your home will be at risk of roof leaks, water damage and other problems that may not show up right away. It is important to make a claim with your insurance company for this type of damage and to consult with a qualified roof damage insurance claim attorney.
Helpful Info
Tile Roofs
Tile roof coverings are typically stronger, and more durable, than shingle tiles, but they are not impervious to damage caused by high winds and flying debris. Tile roofs are also more expensive to repair and replace. In some cases, it is necessary to completely replace a damaged tile roof even if just a few tiles are damaged or chipped.
Signs of damage to tile roofs include:
- Uplifting – Nails or screws that were used to hold down tiles or shingles are forced up with the pulling action of wind, causing a direct path for water to travel through the roof and into your home or commercial building.
- Broken or Missing Tiles – Strong wind gusts cause roofing tiles to lift, break or become damaged, and will compromise the integrity of a tile roof system. Often the roof’s underlayment is damaged during a tropical storm or hurricane which is not noticeable from a visual inspection and requires uplift testing.
Important Issues Related to Insurance Claims for Roof Damage:
Matching Tiles/Shingles:
If your roof tiles or shingles are no longer manufactured, it may be impossible to match damaged tiles/shingles that need to be replaced in function and/or appearance with the existing roof. In this case, entire sections of the roof may need to be replaced. Your insurance policy may contain a “matching” provision requiring the insurer to pay to replace your entire roof even if only a portion of the roof is damaged.
If you are experiencing any of these signs of damage to your tile roof, your home will be at risk of roof leaks, water damage and other problems that may not show up right away. It is important to make a claim with your insurance company for this type of damage and to consult with a qualified roof damage insurance claim attorney.
Florida’s 25 Percent Replacement Rule:
If more than 25% of your roof is damaged from high winds, fallen trees, hail, flying debris or otherwise, then the entire roof must be replaced pursuant to the 25% Rule, which arises out of Section 708.1.1 of the Florida Building Code. The pertinent portion of this Code Section states as follows:
Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12 month period unless the entire roofing system or roof section conforms to requirements of this code.
Pursuant to this Code Section, if more than 25% of your roof is damaged by a loss event, you are legally required to replace the entire roof. If less than 25% of any portion of your roof is damaged, then (at least pursuant to this Code Section) the roof can just be repaired or patched. The 25% can be measured by any given section of the roof. If more than 25% of any given section of the roof is damaged, then that section must be replaced and not merely repaired. There is a 12-month time frame over which this 25% is calculated. For example, if the initial damage does not reach the 25% threshold for replacement, but then over the next 12 months, additional repairs are required that cause the damage amount to cross over the 25% threshold, then the entire roof section must then be replaced.
It is important to understand that many of these determinations are very subjective, and insurers routinely hire experts that will conclude that the damage is not covered by your policy or minimize the repair costs necessary to restore the roof. It is very common for an insurer’s experts to conclude that the roof can be restored with partial repair even if full replacement is necessary and should be covered by your policy.
Tips for Ensuring Adequate Payments from an Insurer to Properly Replace a Hail Damaged Roof:
- Immediately notify the carrier of all damage.
- Review your policy to determine which provisions may apply to the damage. If a complete copy of the policy is not available, make a written request to the adjuster to obtain a complete certified copy of the policy (including all endorsements) as soon as possible.
- Insist that your insurer evaluate the condition of the entire roof system, rather than simply focusing on the areas where damage is visible.
- Provide the insurer with maintenance records, which may show the roof functioned properly until the loss event.
- Retain a roofing expert to perform non-destructive testing in conjunction with core cuts to determine if the damaged top layer (i.e., EPDM, TPO, Built-Up, Modified Bitumen, shake shingles, asphalt shingles) can be replaced with or without additional work to substrate, insulation, sheathing or decking based on code and manufacturer specifications for repair/replacement.
Insurer Tactics:
Insurers will improperly deny roof claims or underestimate the necessary repair costs based on the following, common grounds:
1. The roof damage existed before the hurricane, windstorm, or hail event.
2. The roof was in need of replacement prior to the loss event.
3. The roof was defectively manufactured or installed.
4. The rood damage was present before the insurer issued the insurance policy.
5. The roof was not properly maintained.
Our attorneys work closely with qualified engineering and roofing experts to evaluate your claim for roof damage. Our firm advances the cost of this testing. It is very common for these experts to disagree with the findings and opinions of the insurance company’s experts.
We have handled countless roof insurance claims and have helped clients recover the insurance benefits they are entitled to. If you are considering making a roof damage claim, or if your claim has been denied or underpaid, we can help.
You won’t have to pay us any attorney’s fees or costs unless we recover money for you. If we recover money for you, our attorney’s fees and costs are typically paid by the insurance company. Call us for a free consultation at 813-575-4442. We will explain in detail how we can fight your insurance company to obtain the money that you deserve.
You won’t have to pay us any attorney’s fees or costs unless we recover money for you. If we recover money for you, our attorney’s fees and costs are typically paid by the insurance company. Call us for a free consultation at (813) 575-4442. We will explain in detail how we can fight your insurance company to obtain the money that you deserve.
Contact
Nutter Law Group
Phone
Fax
(813) 200-8647
Rick@NutterLawGroup.com
Address
Tampa, Fl 33606