Changes to Full Roof Replacements

Published November 24th, 2021 by Claim Help Lawyers

The 2021 hurricane season is on track to be the third busiest year, behind 2020 and 2005. If you have roof damage from a hurricane or other event, the laws in Florida for full roof replacements have recently changed.

Florida legislative laws regarding property insurance took effect July 1, 2021 and changes how roofing contractors, insurance companies, and homeowners will be able to claim damages for roof replacements.

In one case a federal judge has blocked the state from enforcing parts of the law that court believes the changes violate the First Amendment. The other provisions of the law, including insurance payments for roof replacement, remain in effect.

Learn more here about how the new law affects your ability to get an insurance payment to replace your damaged roof.

What Has Changed in Florida Law for Full Roof Replacements

For property owners with an old roof, insurance policies may now adjust your roof claim to the actual cash value of your roof, instead of providing a full roof replacement if a covered loss causes damages to your roof. Further, the time limit homeowners have for filing a claim has also changed. Read below for more details on the reimbursement amount and timing.

Reimbursement Amount

Insurers can provide full replacement coverage for damaged roofs that are less than 10 years old and have damages consistent with the policy requirements and Florida law.

For property owners with roofs that are 10 years old or older, insurance companies will have a roof surface reimbursement schedule. The schedule may provide for repair or replacement based on the age of the roof. Hypothetically, the minimum reimbursement amounts depend on the type of roof surface:

70% for metal roofs
40% for concrete or clay tile
40% for wood shake or shingle
25% for all other roof types

If you have a total loss due to a covered peril, though, the reimbursement schedule shouldn’t apply.

Time to File a Claim

The new law reduces the time you have to file a claim for roof damage. You must file a claim within two years of the date of the loss. The previous timeframe to file a claim was three years.

The new time limit applies to property insurance claims and reopened claims after July 2021. Supplemental claims that pre-existed July of 2021 still have a three-year time limit.

Roof Repair vs. Roof Replacement

You may wonder if you should repair your roof instead of replacing it and part of that answer depends on how much of the roof was damaged.

Florida's building code requires a full roof replacement in some situations. According to the code, you can't repair, replace, or recover more than 25% of the roof within a 12-month period unless you redo the entire roof or roof section to make it up to code. If the roof is already built to the current code, though, the 25% rule doesn't apply.

Your Rights Under the New Law

You have the right to pursue legal action against your insurance company if they wrongfully deny or underpay your roof claim. However, you must provide a detailed notice to your insurer at least 60 days before you file a lawsuit and must file a notice of intent through the State of Florida portal correctly.

The new law limits the amount of attorney's fees you can recover, too. The amount of attorney's fees and costs you may be eligible to receive depends on the difference between the damages recovered and the pre-suit settlement offer.

The insurer only pays the full amount of your attorney's fees and costs if the difference between the amount you get in the lawsuit and the pre-suit settlement offer is more than 50% of the disputed amount.

Getting the Legal Representation You Deserve

Florida's new laws significantly impact your rights as a property owner and an experienced property attorney should be on your side. Your insurance company may say you're responsible for paying as much as 75% of the cost to replace the roof that becomes damaged from a storm. Getting the right legal representation is more important than ever with Florida's new property insurance laws and Knoerr Law Group has over 50 years of combined experience against insurance companies.

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