Roof claims are among the most argued claims in Florida property insurance. A storm or a falling limb damages part of the roof. Water shows up on a bedroom ceiling weeks later. The adjuster inspects, finds a few lifted shingles or cracked tiles, and concludes that the rest is "wear and tear," "deterioration," or "improper installation." The insurer offers to repair a few squares while your roofer says the roof must be replaced.
Most of these disputes come down to two questions: what caused the damage, and what it takes to fix it properly.
1. Document the roof and the interior before any repair
Photograph every interior stain, drip, and sag, with a wide shot of each room and a close shot of each spot. Go into the attic if it is safe and photograph wet decking, daylight through the roof, stained trusses, and wet insulation. If a roofer goes up, ask for dated photographs of each slope, including close shots of creased shingles, broken or slipped tiles, lifted metal, and exposed underlayment. Photographs taken before a tarp goes on are the strongest record of storm damage you will have.
2. Tarp it, and keep the evidence the insurer will want
Protect the home from more water. An insurer may argue that interior damage got worse because the roof was left open. Keep the tarping invoice and photograph the tarp in place. If a roofer removes damaged shingles or tiles, ask them to save samples. Pieces of the roof are physical evidence of how it failed.
3. Find the original roof permit and records of the roof's age
Roof age comes up in almost every roof claim. Gather the permit for the last roof replacement, the contractor's invoice, any warranty, and any inspection reports, including a wind mitigation inspection. Records of the roof's age and condition before the storm help answer an argument that the roof simply wore out.
4. Read the roof terms in your policy and declarations page
Check whether your policy pays roof losses at replacement cost or actual cash value, and whether it carries a separate roof deductible or a roof payment schedule endorsement that reduces payment based on the roof's age. Florida requires a policy with a separate roof deductible to carry a boldfaced notice stating: "YOU ARE ELECTING TO PURCHASE COVERAGE ON YOUR HOME WHICH CONTAINS A SEPARATE DEDUCTIBLE FOR ROOF LOSSES," and to show the deductible's dollar value on the declarations page or renewal notice (§ 627.701(4)(e), Fla. Stat.). Also check your law and ordinance coverage, which can pay for code-required upgrades.
“YOU ARE ELECTING TO PURCHASE COVERAGE ON YOUR HOME WHICH CONTAINS A SEPARATE DEDUCTIBLE FOR ROOF LOSSES,”
§ 627.701(4)(e)
5. Get an independent opinion on cause and on repairability
A licensed roofing contractor, an independent adjuster, or an engineer can inspect, test, and write a report on what caused the damage and whether the roof can be repaired with matching materials. Ask whether replacement materials are still available in the same profile, color, and size. That answer often decides how much of the roof must be replaced.
6. Request the insurer's estimate and the photographs behind it
Florida requires the insurer to send you a copy of any detailed estimate within 7 days after its adjuster generates it (§ 627.70131(3)(e)). Ask for the adjuster's photographs and any engineering report as well. Compare the insurer's estimate to your roofer's line by line: the number of squares, the materials, underlayment, flashing, drip edge, permits, and code items.
The Florida rules that matter on a roof claim
Matching. Florida's claim settlement statute provides that, unless the policy provides otherwise, "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" (§ 626.9744(2)). This rule applies to homeowners policies that settle losses on a repair or replacement cost basis. Read your policy for language that changes it.
The separate roof deductible. Where a policy includes one, the roof deductible may not exceed "the lesser of 2 percent of the Coverage A limit of the policy or 50 percent of the cost to replace the roof." It applies only to claims adjusted on a replacement cost basis, and it does not apply to a total loss of the home, to a hurricane roof loss, to a tree or similar hazard that punctures the roof deck, or to "A roof loss requiring the repair of less than 50 percent of the roof." When the roof deductible applies, no other policy deductible may be applied to that loss (§ 627.701(10)(a)).
How replacement cost is paid. For a homeowners policy with replacement cost coverage, "the insurer must initially pay at least the actual cash value of the insured loss," less the deductible, and then pay the remaining amounts needed for repairs as the work is performed and expenses are incurred. If the roof deductible applies, the insurer may limit the roof payment to actual cash value until it receives reasonable proof that the deductible was paid (§ 627.7011(3)(a)). Keep proof of every payment to your roofer.
Roof age and your coverage. An insurer may not refuse to issue or renew a homeowners policy on a roof less than 15 years old "solely because of the age of the roof." For a roof at least 15 years old, the insurer must allow the homeowner to have a roof inspection before requiring replacement, and may not refuse coverage solely because of age if an authorized inspector finds "the roof has 5 years or more of useful life remaining" (§ 627.7011(5)). These rules govern underwriting, not claim payment.
Deadlines. Notice of a roof claim is barred unless given "within 1 year after the date of loss," and a supplemental claim within 18 months (§ 627.70132(2)). For a storm, the date of loss is the landfall date or the date the weather event is verified by the National Oceanic and Atmospheric Administration (§ 627.70132(3)). The insurer generally must pay or deny within 60 days after notice (§ 627.70131(7)(a)). A lawsuit requires written presuit notice at least 10 business days before filing (§ 627.70152(3)), and must be brought within 5 years from the date of loss (§ 95.11(2)(e)).
Roofers and assignments. For policies issued on or after January 1, 2023, an assignment of post-loss benefits to a roofer or other contractor is "void, invalid, and unenforceable" (§ 627.7152(13)). Be cautious with any contractor who asks you to sign over your claim.
“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”
§ 626.9744(2)
“the lesser of 2 percent of the Coverage A limit of the policy or 50 percent of the cost to replace the roof.”
§ 627.701(10)(a)
“the insurer must initially pay at least the actual cash value of the insured loss,”
§ 627.7011(3)(a)
“solely because of the age of the roof.”
§ 627.7011(5)
“within 1 year after the date of loss,”
§ 627.70132(2)
“void, invalid, and unenforceable”
§ 627.7152(13)
Your checklist
- Photograph every slope of the roof, the attic, and every interior stain before the tarp goes on.
- Tarp the roof promptly and keep the invoice and photos.
- Gather the roof permit, invoice, warranty, and wind mitigation report.
- Find the roof deductible, hurricane deductible, and any roof payment schedule in your policy.
- Get a written opinion on cause and repairability from a licensed roofer, independent adjuster, or engineer.
- Request the insurer's detailed estimate, photos, and any engineering report.
- Keep proof of every payment you make toward roof work.
How we handle these cases
Roof claims turn on details: roof age, cause, matching, and the policy's roof terms. We gather the permit history, the insurer's own photographs and reports, and an independent inspection, and we measure the insurer's position against the policy and Florida's statutes. We represent homeowners throughout Florida. Meetings are by appointment only. Call 305-748-3789 to talk about your roof claim.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.