Roof leak insurance claims in Florida
What does your insurance policy cover if your roof leaks in Florida?
Over the past decade, Florida residents have seen a lot of changes to insurance policies and a lot of roof leaks that caused damage, both because roofs have aged, and because of a number of storms.
In the early 2010's many insurance companies got tired of repeated claims for damage caused by roof leaks and started to change their policies, but not all insurance companies followed suit. If you've had a roof leak, whether or not there is coverage is highly dependent on what your policy says.
VIP Adjusting's public adjusters will gladly provide a free policy review, but in the meantime, let's discuss a little more.
HO-3 Policies - "All Risk"
We've discussed this a few times, but the most common homeowners insurance policy is a form HO-3, often referred to as an "all risk" policy. This just means that the base homeowners insurance policy covers all "direct physical loss" or all "sudden and accidental loss" to the home and then excludes coverage from there.
If you have the broadest of insurance this standard Florida homeowners insurance policy, chances are a roof leak is covered, but unless the roof is first damaged by a covered loss, will likely not be replaced by the insurance company.
The (Recent) History of Roof Leak Claims in Florida
Hurricane Andrew hit south Florida in 1992. Hurricanes Charley, Frances, and Jeanne affected the Treasure Coast in 2004 with Frances and Jeanne making landfall in almost the exact same locations of Hutchinson Island, Sewall's Point, Stewart and Port St Lucie. 2005 saw Hurricanes Katrina make a Florida Landfall and then Wlima making landfall, both affecting the Treasure Coast as well.
Needless to say, this was a tough stretch for Florida roofs and St Lucie homeowners, and at the same time, in the 2008 to 2011 range roofs all across the state started to fail both from old age and as a result of the delayed appearance of damage from the 2004 and 2005 hurricanes.
At the time, nearly all homeowners insurance policies covered roof leaks under an exclusion for wear and tear, aging, lack of maintenance, etc, that said even though the roof failure for these reasons was not covered, the "ensuing water damage" was covered.
With the statute of limitations expiring on the 2004 and 2005 storms, and in the middle of a historic run without a Florida landfall by a hurricane, the insurance companies were seeing homeowners making a claim for a roof leak, holding the money, making another claim for another roof leak, holding the money, and repeating until they had enough money from the multiple claims to fully replace the roof that wasn't covered by the insurance policy.
Understandably unhappy with this practice, insurance companies sought to put limiting language in the insurance policies that would prevent this claims practice by homeowners.
When there is NOT coverage for a roof leak
One insurance company produced new policy language that was added as a "Florida Change" to its HO-3 insurance policies that read the insurance company does not cover loss for rain that enters the dwelling unless the exterior of the building is first damaged by a covered peril. That means no claims for roof leaks for old roofs. No claims for damage caused by water from leaking window seals. No water entering the property from outside unless the building is damaged.
Almost every insurance company in Florida followed suit. The language varies from policy to policy. Some insurance policies say the roof or walls must be damaged by wind or hail. Sometimes they say the exterior needs to be damaged by a covered peril. It's important to review your policy with your insurance agent or a public adjuster because this language could get you in trouble if you'd had damage.
When there is coverage for a roof leak
If you were lucky enough to have one of the insurance companies that didn't adopt this language, then you might have coverage for a regular roof leak due to a general failure of the roof, old age, wear and tear, lack of maintenance, or poor installation. We can count the number of Florida insurance companies on one hand that still issue these policies, though, and we still check the policies every time to make sure they haven't started with the exclusionary language.
VIP Adjusting's public adjusters are happy to go through your policy and provide a free review at any time.
Outside of having one of the good insurance policies, a roof leak would typically only be covered if your roof is damaged by a windstorm, hail, a fallen tree or tree branch, or, believe it or not, sometimes we see roofs damaged by stray bullets from people firing guns into the air on New Year's Eve or Fourth of July.
If you've found yourself on the wrong end of a roof leak, with damage to your property from rain entering the property, call or contact VIP Adjusting's public adjusters today for a free claim review.
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Tornado Damage Reported Northeast of Treasure Coast
A Tornado was caught on video forming and crossing I-75
On the same day storms ripped through much of the Treasure Coast, a tornado was caught on video in Marion County crossing I-75. The videos caught by travelers on I-75, and confirmed by Florida Highway Patrol, show the tornado damaging trees and causing an accident involving a tractor trailer carrying a portable building.
Insurance Issues Related to Tornadoes
Mobile homes are a common target for tornadoes and other storms with high winds. They are often the first to sustain damage from tornadoes and other windstorms, and are first to be evacuated in the event of a hurricane. Being on the back of a tractor trailer during a storm isn’t doing it any favors!
Mobile homes and manufactured homes often have insurance policies that are different than a standard homeowners insurance policy and can have different implications in the event of damage or an insurance claim. Often these policies are more similar to an automobile policy and although the damages are similar to a home, in addition to being able to adequately repair or rebuild the building, there are also implications with regard to the title to the property, whether it will become a salvage title if repairs exceed a certain threshold of the policy limits, or whether, in the event of a total loss, the insurance company will take the remnants as salvage (different from a salvage title mentioned before).
If you have a mobile home, manufactured home, or other portable building that has sustained damage from tornado or other windstorm, call the public adjusters at VIP Adjusting for a free policy review and to discuss your options with regard to making an insurance claim.
Are there any issues raised by the building being in transport?
In this instance, because the building was being transported on a trailer at the time of the tornado, there are other insurance policies and coverages that may afford coverage for this type of damage.
Because it was portable, the damaged building may be covered as personal property under an insurance policy, but a policy review would be absolutely necessary.
Due to the fact that it was being transported, the building may also be covered under an “inland marine” policy. Inland marine policies contain some really unique language that a lot of people are not used to seeing because they insurance policies have literally been adapted and evolved over centuries from marine shipping insurance for cargo traveling overseas.
Inland marine policies are the result of centuries old language now being applied for cargo shipped over land instead of on the high seas. VIP Adjusting has handled claims for demurrage, barratry, business equipment and personal property damaged out of state by superstorm sandy, and even an inland marine claim related to a gold heist.
If you’ve had important products damaged in shipping, VIP Adjusting would be glad to review your insurance policy with you, as well as any other parties that may be at fault for your losses.
Damages Routinely Caused by Tornadoes and Windstorms
When strong storms like the ones that have passed through Indian River County, St Lucie County, and Martin County in the last week, damages similar to those caused by hurricanes can result at just about any property in the storms’ paths.
You may see a leaking roof as a result of the wind loads across sections of your roof, or other roof damage from trees, tree limbs, or other flying debris.
Hail can cause damage to tile roofs and shingle roofs, as well as windows, screens, and exterior elevations, as we saw from the hailstorm in Brevard County last year. There have been multiple hail events in the last 10 days throughout the Treasure Coast, and we expect to see similar damages.
If you’ve seen any of these types of damages after a strong storm, contact VIP Adjusting today so that we can assist you in documenting your claim and preserving evidence in your favor.
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Civil Authority
We’ve found ourselves in strange and uncertain times. A pandemic has spread across the world and is starting to affect everyone’s daily lives. What does that mean for your business?
Although it’s an odd time to think about it, you may have insurance coverage if your business is required to be closed under a provision in your commercial insurance policy titled “Civil Authority.”
Commercial insurance policies vary widely, and there’s likely to be a lot of fighting over these provisions, so it’s best to check the language of your insurance policy and the policies declarations before moving forward, but the most common policy language requires that there be “direct physical loss” or damage to a nearby property.
This type of coverage usually comes into play when a fire or collapse result in the police or fire department shutting down a street, but the spread of a novel virus between people to the air and surfaces in the area may well be covered under this scenario.
Scientists will have to weigh in and there is certain to be a lot of fighting in court on these issues among the lawyers, but there will be no shortage of orders from federal, state, and local governments.
As we’ve evaluated some of the orders from various state and local government entities, the language in those orders is looking favorable to recovering these types of damages from the insurance companies, and the companies are also being pressured by the government to pay some of these losses.
It has even been suggested at the federal level that these claims should be paid, and will be reimbursed by a subsequent stimulus bills, essentially making the insurers a third party administrator for the government to pay these losses.
In any event, if you’ve found yourself in this situation, have a public adjuster like VIP Adjusting review your policy to discuss whether or not you may have a viable claim. Call us or contact us for a free insurance policy review today.
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the more common type of disaster claims in Florida, hurricane and windstorm damage
Additional Living Expenses (in the midst of a natural disaster)
Additional Living Expenses, sometimes referred to “ALE,” “Loss of Use.,” or Coverage D is a coverage under most homeowners insurance policies that affords compensation in the event of a loss when an insured location, or a part of that location, is not fit to live in or use for its intended purpose.
It can cover a number of things, but is generally an intuitive coverage that operates on the common insurance principle of making an insured “whole.” That means you should be put back in the same, or as similar as possible of a position as you were in before the loss occurred.
With regard to living expenses, incurred costs (yes, you typically MUST spend this figure up front and be reimbursed afterwards) necessary to maintain your normal standard of living is paid, up to the policy limits.
What does this mean in general? If a part of your house is not functioning, say, your kitchen plumbing, and you typically cook your meals at home, you would be reimbursed for meals eaten at restaurants (excluding alcohol, which makes sense, and often excluding tip, which makes less sense) for the shortest possible time to get the kitchen functioning again. Sometimes, this amount may be more accurately calculated as the difference between your average grocery bill and the amount you spent at a restaurant.
If all of your house is not habitable, because there’s no power, it’s not secure after a theft, you have health concerns related to moisture, it’s unsafe after a fire, etc., there are significantly more things that are covered. A short term rental or hotel stay may be in the cards. Or maybe longer. If you have pets, you may be entitled to a more expensive rental that will accommodate those pets, or boarding costs. If you can stay with a relative and you are paying rent or bills, you are entitled to that reimbursement IF you are actually paying it (Please do not write a check that no one ever intends to cash. That is fraud.) If you have to travel additional miles to work or other places you regularly commute, you are entitled to fuel or mileage. There’s more, but these are the most common.
So what about in the aftermath of a hurricane or other disaster causing widespread damage? How do you deal with a dwindling supply of rental properties or hotel rooms?
This was a large problem in the aftermath of hurricane Michael. One of the easiest ways around the problem, if you can be accommodated by it, is to obtain a trailer or camper.
With limited supply of available rentals or hotels, and a skyrocketing price that quickly eats up your policy limit, a trailer or camper can be brought in from anywhere and be had at a semi-reasonable price.
BUT…
You aren’t supposed to be able to BUY a trailer or camper. Why not? “My neighbor got one,” someone might say. Your insurance is supposed to make you whole, not better. You’re supposed to be put back in the same position as you were before, and not a better one.
If you didn’t have a trailer or camper before, and you buy one, you’re in a better position.
HOWEVER…
If you’re hemorrhaging money on a rental or hotel and you’re definitely going to exceed your coverage, you may be mitigating your damages by buying a trailer or camper. You might be “better” but you’re fulfilling a policy duty to prevent damages and saving your insurance company money at the same time.
This type of purchase can be approved, but a cost benefit analysis would need to be done and presented to the insurance company for approval first.
If you’ve found yourself with damage in your home that makes it unlivable, or where the home is uninhabitable during the repairs of damage, contact VIP Adjusting to discuss your options to maximize recovery for your claim.
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Learning more about Additional Living Expenses and Loss of Use Claims; or