Roof Damage Insurance Claims: The 25% Rule

The 25% Rule

The Florida Building Code is often a daunting read for homeowners so many do not know about Florida’s 25% rule. Here’s a snapshot:

Florida Building Code – Existing Building §706.1.1:

“Not more than 25 percent of the total roof area or 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.”

What this means is that if 25% or more of the roof needs repair, then the entire roof must be replaced to meet the building code requirements. For homeowners filing an insurance claim based on roof damage, this means they may be entitled to a full replacement of a roof or segment of a roof if enough of it is damaged by a covered peril.

How do Insurance Companies Use This Rule?

Insurance companies try to take advantage of the 25% Rule by having their adjusters look for the least expensive ways to fix the roof. This often means, that adjusters will try to justify estimates for just below 25% repair, whenever possible. Also, adjusters will try to break down sections of roofs to get around the replacement requirement when just one section would otherwise exceed the 25% amount. Even when adjusters use “sections” in their estimate, as long as the total damage to the roofing system exceeds 25%, you should be entitled to a brand new roof.

Tips for Homeowners Filing a Insurance Claim for Roof Damage:

Read Your Policy. Types of roof damage covered by your insurance will depend on the policy’s terms and the reasons your roof needs to be repaired or replaced. Typically, a policy covers problems that are sudden or accidental, and caused by certain events such as hurricanes, tropical storms, wind or fire. Additionally, on the flip side, if the damage is less than your deductible, you may be responsible for the full damage. An experienced attorney can help you with this process.

Make a Claim. You will want your insurance company to know about your damage as soon as possible so they can come out an assess the damage. Be sure to keep good records of all communications with the insurance company.

Assess the Damage. It’s important to have an independent assessment for the damage to know if the insurance company is offering to fully compensate you for your repair. In addition to the 25% rule, there are other important things you need to be aware of. For example, If the materials to fix your roof are unavailable, your insurance company may have to replace the entire roof so that the materials throughout the roof are consistent.  

Be Prompt. Time is of the essence when dealing with a roof claim. While you should let the insurance company inspect the roof before you change its condition, you also need to protect your roof from further damage to be compliant with most Florida homeowner insurance policies