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New rules for Florida Homeowner’s insurance on roofs

Roof shingles

Old roof

There is new laws coming into effect July 1st 2022, included in those is some changes to insurance rules in Florida. An insurer may not refuse to issue or refuse to renew a homeowner’s policy insuring a residential structure with a roof that is less than 15 years old solely because of the age of the roof. For a roof that is at least 15 years old, an insurer must allow a homeowner to have a roof
inspection performed by an authorized inspector at the homeowner’s expense before requiring the replacement of the roof of a residential structure as a condition of issuing or renewing a homeowner’s insurance policy.
The insurer may not refuse to issue or refuse to renew a homeowner’s insurance policy solely because of roof age if an inspection of the roof of the residential structure performed by an authorized inspector indicates that the roof has 5 years or more of useful life remaining.
A roof’s age shall be calculated using the last date on which 100 percent of the roof’s surface area was built or replaced in accordance with the building code in effect at that time or the initial date of a partial roof replacement when subsequent partial roof builds or
replacements were completed that resulted in 100 percent of the roof’s surface area being built or replaced.

Allows property insurers to include in the policy a separate roof deductible of up to two percent of the Coverage A limit of the policy or 50 percent of the cost to replace the roof. The policyholder must also be offered the option to decline the roof deductible by signing a form approved by OIR.
The roof deductible does not apply to a total loss to a primary structure in accordance with the valued policy law which is caused by a covered peril, roof loss resulting from a hurricane, roof loss resulting from a tree fall or other hazard that damages the roof and
punctures the roof deck or roof loss requiring the repair of less than 50 percent of the roof. Changes part of the state law that enacts and governs Florida’s Building Code and changes the amount of a roof that must be brought up to current codes in the event of damage and repair. If 25 percent or more of a roof is damaged, then only the repaired part of the roof must be constructed pursuant to the current code. Roofers will no longer have to bring the entire roof up to code when making event-significant repairs.
Prohibits contractors from making written or electronic communications that encourage or induce a consumer to contact a contractor or public adjuster for the purposes of making a property insurance claim for roof damage unless the solicitation provides notice that the consumer is responsible for the payment of any deductible, it is insurance fraud punishable as a third-degree felony for a contractor to pay or waive an insurance deductible and it is insurance fraud punishable as a third-degree felony to intentionally file an insurance claim containing false, fraudulent, or misleading information.

John Shishilla

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