Your roof was damaged from a storm or hurricane. Your insurance company agreed that your roof was damaged, but only provided payment to repair a few shingles or tiles, rather than replacing the roof. What recourse do you have in this situation? In Florida, there are several reasons why a roof would need to be replaced, rather than repaired. Two of the most common reasons include: (1) the amount of damage to the roof; and (2) whether the damaged shingles or tiles can be replaced with shingles or tiles of like kind and quality.
Florida’s 25% Rule
Under the Florida Building Code, a roof must be replaced if over 25% of the roof is damaged. This is commonly referred to as the “25% Rule.” Section 706.1.1 of the Florida Building Code specifically states as follows:
Not more than 25 percent of the total roof area of a 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 Rule applies in a few different ways. First, if more than 25% of your roof has been damaged by a hurricane or windstorm, the roof must be replaced. Second, if only one “section” of your roof (which is defined under the Florida Building Code) sustains over 25% damage, then that entire section must be replaced, but not the whole roof. Third, your insurance company will use this section of the Florida Building Code to pay for only a repair if less than 25% of the roof (or any roof section) is damaged. Finally, it is also important to note that if your roof was damaged by two separate weather events in a 12-month period, then the total percentage of damage from both of those events would be used to determine whether the 25% threshold is met. In other words, if the first event caused 15% damage and the second event caused 18% damage, then the total damage during that 12-month period is 33%, and your roof would qualify for replacement.
Florida’s Matching Statute
Over time, roof tile manufacturers change designs and stop making older models of tiles and shingles. This means the tiles or shingles on your roof may no longer be available for purchase. Under Florida law, an insurance carrier must consider whether the tiles or shingles “match” when determining whether the roof can be repaired versus replaced. Section 626.9744, Florida Statues provides in pertinent part:
When a loss requires replacement of items and the replaced items do not match in quality, color, or size, the insurer shall make reasonable repairs or replacement of items in adjoining areas. In determining the extent of the repairs or replacement of items in adjoining areas, the insurer may consider the cost of repairing or replacing the undamaged portions of the property, the degree of uniformity that can be achieved without such cost, the remaining useful life of the undamaged portion, and other relevant factors.
Essentially this statute protects homeowners from ending up with mismatched roof tiles or shingles. Nonetheless, many insurance companies either entirely ignore the Matching Statute (as it’s referred to colloquially), or attempt to circumvent the statute by suggesting homeowners use unconventional methods to match the roofing materials. For example, some insurance companies tell their homeowners to “harvest” tiles. This means that old tiles from less visible areas of the roof, like the back of the house, are moved to the front of the house to replace the damaged tiles. Other insurers insist that tiles which are no longer manufactured can be purchased at “boneyards” (i.e. a salvage yards for roofing products). Sometimes the boneyards are not even located in the State of Florida.
This blog provides general information concerning insurance claims; however, each policy, claim, and case is unique. If you need assistance or have questions about an insurance claim, contact our office to set up a free consultation with one of our experienced attorneys.
Erin R. Dix, Esq.
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