Local Roof Repair

Insurance Claims and Local Roof Repair: What You Need to Know

If your home’s roof has been damaged or needs to be replaced, you should know that obtaining local roof repair has changed dramatically because of new Florida laws.

In the past, when Florida homeowners needed local roofing repairs, they could not only look to a roofer to fix the roof but also have their insurance company pay that roofer for those repairs. This arrangement was made possible through an arrangement called “assignment of benefits” or AOB.

Under AOB agreements, a homeowner with property insurance coverage for roof damage could “assign” the “benefit” of being insured over to a roofer. That roofer could then repair the roof while being paid for the work directly by the insurance company. All those arrangements, however, have now been swept away.  

New Florida Law Affects Roofing and Insurance Claims

The assignment of benefits has been altered due to Florida Senate Bill 76, passed by the Florida legislature and signed into law by Governor Desantis. The law took effect on July 1, 2021. 

The law adds new requirements for both homeowners and roofing contractors. It prohibits contractors from directly or indirectly engaging in any of the following practices:

  • Soliciting homeowners via a prohibited advertisement. A “prohibited advertisement” means any written or electronic communication by a contractor that encourages, instructs or induces a consumer to contact a contractor with the goal of making an insurance claim for roof damages. The term includes, but is not limited to, door hangers, business cards, magnets, flyers, pamphlets, and emails. “Soliciting” means contacting: In person, by electronic means, including but not limited to, email, phone and any other real-time communication directed to a specific person; or by delivery to a specific person. 
  • Offering a homeowner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible or any other thing of value in exchange for allowing the contractor to inspect the homeowner’s roof; or make an insurance claim for damage to the homeowner’s roof.
  • Offering, delivering, receiving or accepting any compensation, inducement or reward for the referral of any services for which property insurance proceeds are payable. But payment for roofing services does not constitute compensation for a referral.

Effects on Local Roof Repair Providers

Contractors who engage in one or more of the prohibited acts are subject to disciplinary proceedings and a fine of up to $10,000 per violation. This applies to anyone who solicits homeowners for roof repairs, whether an employee or non-employee.

Finally, contracts involving roof repair or replacement must include a notice to the homeowners that the contractor may not offer to the homeowner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible or any other thing of value in exchange for 1) allowing the contractor to inspect a homeowner’s roof; or 2) making an insurance claim for damage to the homeowner’s roof.

Licensed contractors, or their subcontractors, are prohibited from advertising, soliciting, offering to handle, handling or performing public adjuster services unless licensed as a public adjuster. This does not prevent a contractor from suggesting or recommending that a homeowner consider contacting their insurance company to determine if repairs are covered under their insurance policy.

How Are Homeowners Impacted by New Statutes?

If a homeowner’s roof is damaged by weather or another event, homeowners have two years from the date of the event to file a claim with their insurance company. If they miss that important deadline they could be out thousands of dollars. Another homeowner requirement: Before filing a lawsuit against an insurance company, homeowners have to give a 60-day notice to their insurance company.  

How Are Insurance Companies Impacted?

  • A roof that is less than 10 years old must be fully covered by the insurance company.
  • An insurance company may reduce coverage for a roof that is more than 10 years old.
  • The fees that can be collected by an attorney who files suit on behalf of a roofing contractor are limited.
  • Insurance companies can offer homeowners roof coverage up to a certain state limit.

Classic Roofing & Construction Is Here to Help

If all these new requirements under the law seem overwhelming, you are not alone. If you just want to get your roof repaired or replaced in St. Petersburg or surrounding communities, no law prohibits you from reaching out to a roofing company like Classic Roofing & Construction for advice. We offer free roof inspections, and we will also abide by the letter of the law. Our team’s focus is on using our extensive training to craft solid roofs with 50-year material warranty and 25-year workmanship warranty. No job is too big or too small, so don’t hesitate to call us today or schedule an appointment.

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