Q. Our insured had a wind and hail claim earlier this spring with partial damage to their roof and the insurance company wants to just repair the damaged portions instead of replacing the roof. Our insured is not happy about this because the shingles don’t perfectly match. Should the insurance carrier replace the entire roof?
A. Texas court decisions do not support policyholder demands to replace undamaged property in order to match damaged property that has been replaced with new materials.
Courts have consistently held that “the insured is entitled to recover only that portion of the damage caused solely by the covered peril.” However, many companies do not generally want to fight the policyholder on this issue and will attempt to negotiate a settlement to satisfy the insured and settle the claim.
For more information on roof claims see IIAT’s Roof Claims Issues in Texas.