Make Sure Your Homeowner Policy Has “Law and Ordinance” Coverage
By Jordan Mejeur, Esq.
After a property has sustained damage from a covered loss, the “Law and Ordinance” provisions in most homeowner policies provide coverage for the costs incurred in bringing the structure up to code – even if it involves replacement of undamaged portions of the structure.
Roof Damage
One of the more common scenarios involves claims for roof damage. Let’s say you call in a claim for wind damage to your roof, and the inspection reveals only 50% of the roof sustained covered damage. If your policy does not provide “Law and Ordinance” coverage, then your insurance company may pay only for the damaged portion of the roof.
The problem is that no roofer in Florida can legally replace 50% of the roof pursuant to section 708.1.1, Florida Building Code, which provides:
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 confirms to requirements of this code.
In other words, if more than 25% of your roofing system or roof section needs repair, then pursuant to Florida Building Code, your entire roofing system or roof section must be replaced to code. Taking the above example of a 50% wind damaged roof – if your policy does have “Law and Ordinance” coverage, then your insurance company is obligated to pay for both the damaged half and the undamaged half to replace the entire roof to code.
Obviously, you can see why it is so important to ensure you have this coverage.
Quick Tip
This is a very brief overview of how law and ordinance coverage operates, and I’ll leave you with a quick tip. If an insurance company denies coverage on the basis of the policy not containing “Law and Ordinance” coverage, then ask the insurer to produce the policyholder’s written rejection of “Law and Ordinance” coverage.
Pursuant to section 627.7011(2), Florida Statutes, if the insurance company is unable to produce the policyholder’s written rejection of “Law and Ordinance” coverage, then the insurer is obligated to provide this coverage for up to 25% of the policy’s dwelling limit.
This blog discusses general policy language and scenarios, however, each claim, policy, and case are different in their own respect. If you have questions about your insurance policy, do not hesitate to contact your insurance agent to verify that you’re properly insured.
If you need assistance or have questions about an insurance claim, call one of our experienced attorneys for a free consultation.
Jordan Mejeur, Esq.
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