By: Denham Property and Injury Law Firm
Matching Matters: Repairing Roof Damage in Kentucky
If you are a policyholder struggling with damage to your roof, due to water damage, wind damage, etc., it is important to be aware of the matching laws insurance companies must follow regarding roof repair and insurance claims in your state. In an October 2023 article titled "Kentucky Clarifies Matching Law While Florida Insurers Get Limits on Replacement" by William Rabb and Jim Sams on InsuranceJournal.com, the differences in matching law requirements between Kentucky and Florida were discussed. In Kentucky, if your roof was damaged, insurance companies have the responsibility to exactly match the shingles that were already on your roof, and if they cannot match it, they likely must pay to completely replace the roof. (Rabb & Sams, 2023)
After a significant amount of roof claims and complaints from insurance companies related to roofs, the state of Kentucky clarified their rules regarding roof matching. Commissioner Sharon P. Clark clarified Kentucky's matching laws in the October 17th Advisory Opinion, stating the requirement to replace undamaged areas of the roof if replaced shingles do not match in quality, color, or size, which insurers must comply with by September 2024. If matching shingles are not available, the Department of Insurance will review the replacement shingle to determine if a reasonable match is met, or if a roof replacement is required.
Insurance Company Discontent
Insurance companies have been complaining about this statute, attempting to make it seem like roofers are trying to scam the insurers into higher roof claim costs. Policyholders, however, need these laws to ensure their property is fully restored to the condition it was in before the roof damage occurred, and to ensure that the value of their property is not diminished after the damage occurs.
Beware of Insurer Tactics
In Florida, insurers are having these same complaints, along with some issues finding matching materials for the insured, leading to new rules saying that Florida insurers don’t always have to replace the whole roof. In Florida, insurers can change the language in their policies to avoid replacing undamaged roof areas. They are also permitted to require that the policyholder pay for matching materials out of pocket and file an additional claim for reimbursement. (Rabb & Sams, 2023) This additional claim is likely to be delayed, denied, or underpaid, causing the policyholder to pay much more than they should, at least initially, for their roof damage. Arguments have been made in Florida saying that matching repairs are not direct physical losses (Rabb & Sams, 2023). However, the Oct. 17th advisory opinion in Kentucky states that "only a portion of the roof with non-uniform shingles that do not reasonably match the remainder of the roof would diminish the value of the home."
Understanding your Insurance Policy is Key
With these new policies, litigation is likely to increase in Florida, with arguments of bad faith in question. (Rabb & Sams, 2023) No matter what state you live in, it is important to fully understand your policy so you know what your insurance company is responsible for paying. Remember, insurance companies have an obligation to handle claims according to policy terms. However, as profit-driven entities, they may aim to minimize payouts whenever possible. Don’t wait until disaster strikes; have an insurance attorney on your team who understands the complexities of your insurance policy so you can fully restore your property in the event of damage. Contact us today by calling or texting (859) 900-BART, or by emailing contact@denham.law
Rabb, William, and Jim Sams. “Kentucky Clarifies Matching Law While Florida Insurers Get Limits on Replacement.” Insurance Journal, 24 Oct. 2023, www.insurancejournal.com/news/southeast/2023/10/24/745312.htm.