The Plain Record

What things really cost, and why.

A roof claim denied as wear and tear, and the three documents that reopened it

Posted on by Gordon Achebein Financial4 min read

A residential roof seen from ground level with a section of shingles lifted at one edge and a ladder against the eave
A residential roof seen from ground level with a section of shingles lifted at one edge and a ladder against the eave

A storm goes through in late spring. A household notices staining on a bedroom ceiling in June, has a roofer look at it, and is told that a section of shingles has been lifted and that water has been getting in. The claim is filed and denied, on the grounds that the damage resulted from deterioration and age rather than from a covered event.

This is the most common contested claim in residential property insurance, and the way this one turned around is instructive because nothing about the roof changed. Only the documentation did.

What the denial said

The letter cited the wear and tear exclusion, noted the age of the roof, and stated that the inspection found deterioration consistent with normal aging rather than damage attributable to the storm.

Nothing in that letter was written in bad faith. The adjuster inspected an older roof, found granule loss and brittleness, and reached a conclusion that was defensible on what was in front of them. The household's account of a storm in April was, at that point, an assertion with no support beyond memory.

Why this dispute is so common

Because both things are usually true at once. Most roofs that fail in a storm were already partway through their lives, and a new roof and a fifteen year old roof do not respond to the same wind the same way.

Insurance covers sudden and accidental events, not the predictable decline of a building, and a roof reaching the end of its service life is a maintenance expense. The difficulty is that a worn roof damaged by a storm sits in both categories, and the question becomes which factor was the proximate cause. That is a judgment made from evidence, which means the party with better evidence generally prevails.

The three documents

The household went back with three things, none of which required an attorney.

The first was a dated record of the storm. Publicly available weather data for the county on that date, showing wind speeds and hail, printed with the date and location visible. That converted a claim about a storm into a documented event, and it is available to anybody for free.

The second was evidence of the roof's prior condition. In this case a set of photographs taken two years earlier for an entirely unrelated reason, a gutter installation, which happened to show the roof surface intact. A real estate listing photograph or an inspection report from a purchase does the same job. Prior condition is the single most persuasive item in a claim of this kind and almost nobody has it deliberately.

The third was a written opinion from a roofing contractor, on letterhead, describing the specific pattern of damage and why it was consistent with wind uplift rather than with age. Not an estimate. An explanation, naming the mechanism: which direction the lifted shingles faced, what a fastener pulled through looks like against what brittleness looks like, and why the undamaged slopes mattered.

How the reconsideration went

The three documents went in with a short covering letter listing them and asking for reconsideration, referencing the claim number and the denial date. A second inspection was arranged, this time with the roofing contractor present, which the household requested specifically.

The outcome was partial and it was reasonable. The insurer accepted that a portion of the damage was storm related and paid for the affected slope and the interior repairs, while declining to fund a full replacement on the basis that the remaining slopes were undamaged and aging normally. The household paid the difference to replace the whole roof, since matching an older shingle across one slope is rarely satisfactory.

Total time from denial to payment was about ten weeks, most of it waiting for the second inspection.

What they do differently now

Photograph the roof once a year from the ground, from all four sides, and keep the files with the date intact. It takes five minutes and it creates exactly the prior condition record that was so useful here.

Keep every maintenance receipt. A household that can show the roof was inspected, that a repair was made two years ago, and that the gutters were cleaned is a household presenting a maintained property, which changes how a wear and tear argument lands.

And report promptly after a storm rather than waiting for a symptom. A claim reported in April and inspected in April is a very different document from one reported in June after a ceiling stain appeared, even when the underlying facts are identical.

The general lesson holds well beyond roofs. A denial is a position taken on the evidence available, and the evidence available is usually incomplete. Reconsideration is an ordinary part of the process, it costs a few hours, and it is asked for far less often than it should be.

How to ask for reconsideration

Keep it short and structural. Reference the claim number and the date of the denial in the first line. State that you are requesting reconsideration and list the documents enclosed, numbered. Then one paragraph per document saying what it establishes, in a sentence each.

Do not argue about the policy language and do not characterize the original decision. You are not disputing an interpretation, you are supplying facts the first inspection did not have, and framing it that way makes it easy for the file to be reopened without anybody having to be wrong.

Ask for one specific thing: a second inspection, with your contractor present. That request is reasonable, it is granted routinely, and it is where these actually get resolved.

About Gordon Achebe

Gordon writes about what lasts, what does not, and why.

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Gordon Achebe

Gordon writes about what lasts, what does not, and why.

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