• Miles Garner

Florida Insurance Claim Law in Regards to Roof Damage

Chapter 626 of the 2019 Florida Statutes states that:

"When a loss requires repair or replacement of an item or part, any physical damage incurred in making such repair or replacement which is covered and not otherwise excluded by the policy shall be included in the loss to the extent of any applicable limits. The insured may not be required to pay for betterment required by ordinance or code except for the applicable deductible, unless specifically excluded or limited by the policy."

What this means essentially is that if an insurance company allows coverage for a repair to a roof, and while making these repairs further damages occur, the insurance company must pay for the additional loss as long as it does not exceed the policy limit. This sort of thing can happen quite easily on an asphalt shingle roof.

You might be thinking to yourself "Great, so I get a whole section of my roof replaced instead of a small part". Well, it doesn't stop there....

Now we have to bring in the Florida Building Code - Existing Building, which states in Chapter 7 section 706.1.1 that:

"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 existing roofing system or roof section is replaced to conform to requirements of this code."

This means that if the section or sections of your roof that need to be replaced due to wind or hail damage are more than or equal to 25% of the entire surface area of the roof, the roof must be replaced to be brought up to current code.

What about a tile roof? Clay and concrete roofs are much easier to repair that asphalt shingles, even if they are old. The problem with tile anymore is that manufacturers are bought out and go out of business so often that, more often than not, the tile on your roof is not made any more (Click Here to see the current list of discontinued tile). Without access to the exact color and profile tile that is on your house, a replacement of that section is the only option. We have now come full circle to the 25% rule.

Now, there can be a few exceptions to the rule. There are some exclusions in policies that would forestall this process, so make sure you call an experienced restoration contractor to assess all the details.

Request your free roof inspection HERE

Author: Miles Garner, President of Roof RX

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