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florida insurance lawyer

Should I Repair or Replace My Roof?

The short answer is you should replace your roof. Yes, it can be argued whether to repair or replace a roof depends on the extent of the damage. Some insurance companies even say that if most of your roof is still in good shape, you may be able to repair the damaged spot.

The reality is that if your roof has been compromised as a result of windstorm or hail event then you’re only placing a Band-Aid on the problem and will likely have additional roof issues in the near future. Additionally, when there are signs the roof is wearing out, or if it is close to the end of its expected lifespan, you are always better off replacing it.

The expected lifespan of a roof can vary greatly depending upon the type of roofing material used.  If you are not sure what type of roof you have, an experienced roofer can tell you.

If your home has an older roof, you should also keep in mind that there is a trend toward insurance companies tightening their underwriting requirements in areas like Florida where they have greater than average exposure.

Some insurers are refusing to renew existing homeowner’s insurance policies on houses with roofs older than 20 years unless they pass an inspection and some insurance companies are requiring the homeowners to cover the cost of these inspections.

Policies on homes that fail inspection are not renewed without a roof replacement.  Other insurers are refusing to write new policies for homes with roofs over 20 years old and are limiting liability under the policy to actual cash value to replace older roofs when they’re damaged.

This means they don’t pay to fully replace the roof, but only reimburse for what an old roof is worth after 20-plus years.  Although replacing a roof can be expensive, you may have no choice if failing to replace the roof means that you can’t get homeowner’s insurance.  (See “Why Should I Buy Homeowner’s Insurance.”)

If you check the condition of your roof at least once a year, you should be able to plan in advance for necessary repairs.  Moisture marks or brown stains on ceilings or walls, peeling paint on the underside of roof overhangs, damp spots alongside fireplaces, or water stains on pipes venting the water heater or furnace are all signs of a leaky roof.

When you inspect your roof; signs of trouble include cracked caulk or rust spots on flashing; missing shingles or shingles that are buckling, curling, or blistering; and worn areas around chimneys, pipes, and skylights. If you find piles of grit from asphalt roof tiles in the gutters, it means that the granules on your shingles are wearing down.

Black algae stains are not just cosmetic issues, masses of moss and lichen could signal roofing that’s decayed underneath.

If you’re inspecting your roof and find signs of a problem, especially if the roof is old or you suspect the damage occurred as a result of a storm with heavy wind or hail, or a recent tornado or hurricane, it is best to get a professional assessment.

Often, there’s a level of damage beyond what you are easily able to see.  Some roofing companies do this free; specialized roof inspectors, like those who work through the National Roof Certification and Inspection Association, charge about $175.

If something sudden and unforeseen, such as a wind storm, causes a leak to appear, your homeowner’s insurance will likely cover the repairs. But you’re still responsible for limiting the damage, so try to get a local roofer to spread a tarp while you arrange for repairs. Insurance may not cover your loss if you fail to mitigate the damages so be proactive a call a roofing professional to tarp your damaged roof.

Why Should I buy Homeowner’s Insurance?

You may have read or heard stories about people who pay for insurance policies,

sometimes for years, only to have the insurance company deny their homeowner’s insurance claim and cancel their policy when they have a loss.  So you may be asking yourself why you should buy homeowner’s insurance.

Insurance is a contract in which the insurance company, for a fee referred to as a premium, agrees to pay you for damage to your home or its contents caused by events that are insured against.  The written contract is usually referred to as the “policy” and the events insured against are referred to as “risks” or “perils.”  Insurance policies may be “all-risk” and cover any peril not specifically excluded by the policy, or “named peril” and cover only those risks named in the policy.  The purpose of having homeowner’s insurance is to protect you and your family from loss in the event that one of the perils insured against occurs.  The insurance contract shifts the risk of loss from you and your family to the insurance company.  Everyone benefits as long as both parties act in good faith to fulfill their duties under the policy.

For most people, their home represents their single biggest investment.  To have to bear the cost of repairing or replacing their home would be a huge financial burden.  When you factor into the equation the windstorms, hurricanes, sinkholes, water and mold damage that are so common here in Florida, and it is definitely risky to go without coverage.  If you have a mortgage (and let’s face it, very few people are able to purchase a home without taking out a mortgage), the bank or mortgage company will require that you maintain homeowner’s insurance on the property.

If you have a mortgage and fail to purchase homeowner’s insurance, the bank or mortgage company will likely purchase insurance on the property since loan contracts usually require it.  This is sometimes referred to as “force-placed” insurance.  The premiums for force-placed coverage are very expensive and you get less coverage for the money than if you shop for coverage yourself.  The bank or mortgage company will pass these higher premiums on to you in the form of higher monthly mortgage payments.  If you fail to purchase homeowner’s insurance and the bank or mortgage company purchases “force-placed” insurance, you won’t get to choose the insurance company and/or agent that you will be dealing with if you have a loss.  It is far better and more cost effective to shop for coverage yourself.

When purchasing a policy, it is best to select a company with an A+ rating with A.M. Best.  Before binding coverage, make sure you know what is and is not covered.  If you have questions, ask your insurance agent.  And in the unfortunate event that you suffer loss or damage to your property and your insurance company won’t pay your homeowner’s insurance claim, call us at (386) 454-loss for a free no-obligation evaluation of your insurance coverage dispute.