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The Claim Attorney
The Claim Attorney
Law Office of Michael P. Bowman
Denied Roof Claims

Denied Roof Insurance Claim Lawyer in Austin, Texas

A roof denial letter usually rests on one or two reasons: wear and tear, age, cosmetic damage, an earlier storm or an estimate below the deductible. Each reason depends on facts and policy language that can be examined.

Common roof denial reasons

Wear and tear

The insurer says the roof failed from age or deterioration, not the storm. Read more

Cosmetic only

Dents or marks are said to affect appearance, not function. Read more

Prior damage

Damage is blamed on an earlier storm or a prior policy period.

Below deductible

The estimate leaves out items, so the total falls under the deductible.

Installation defects

Workmanship or manufacturing defects are blamed instead of hail or wind.

Late notice

The insurer argues the claim was reported too late under the policy.

What we look at

  • The policy. Roof surface ACV schedules, cosmetic damage exclusions, matching language and notice conditions.
  • The inspection. Who inspected, how long they were on the roof, what test squares and photos were taken, and whether the method followed a recognized standard such as ASTM E2018.
  • Weather data. Storm reports for your location and date of loss.
  • The estimate. Line items, quantities, waste, code items and pricing. Roof waste and dump fees.
  • The denial letter. Under Tex. Ins. Code § 542.056(c), a rejection must state the reasons for it.

Options after a roof denial

Depending on the facts, options can include asking for reconsideration with more documentation, invoking the policy's appraisal clause for amount-of-loss disputes, sending a Chapter 542A pre-suit notice, or filing suit. Which path fits depends on the policy and the dispute. About appraisal in Texas.

Texas law on claim handling

The Texas Prompt Payment of Claims Act (Tex. Ins. Code ch. 542, subch. B) sets claim-handling deadlines. After the insurer receives notice of a claim, it generally must acknowledge it, start investigating and request what it needs within 15 days (§ 542.055). It must accept or reject the claim in writing within 15 business days after receiving the items it requires (§ 542.056), and pay within 5 business days after notifying you it will pay (§ 542.057). Surplus lines insurers and declared weather catastrophes have different periods (§§ 542.055, 542.057, 542.059). If an insurer that is liable for the claim does not comply, it may owe statutory interest and attorney's fees (§ 542.060).

Chapter 541 prohibits unfair settlement practices, including misrepresenting policy provisions and failing to attempt in good faith a prompt, fair and equitable settlement once liability has become reasonably clear (§ 541.060). See our bad faith page.

Statute references are to the Texas Insurance Code and are summarized for general information. The full text controls. Laws change; check the current version.

Talk with an Austin insurance claim attorney.

No attorney's fee unless there is a recovery. We advance case expenses, which are repaid from any recovery after our fee is calculated. If there is no recovery, we generally do not seek repayment of expenses, except in limited situations set out in our written fee agreement (for example, if a client ends the representation without good cause).

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Questions

Frequently Asked Questions

Can a denied roof claim be reopened?

Often you can submit more information and ask the insurer to reconsider. Whether that, appraisal or a lawsuit makes sense depends on the policy, the reason for the denial and the deadlines that apply.

Does the insurer have to explain why it denied my roof claim?

Yes. Under Tex. Ins. Code § 542.056(c), if an insurer rejects a claim, its written notice must state the reasons for the rejection.

What is a roof ACV endorsement?

Some Texas policies pay roof surface losses on an actual cash value basis, using a schedule that reduces payment based on the roof's age. It changes how much is paid, not whether damage occurred.

Is appraisal an option for a denied roof claim?

Appraisal is usually for disputes about the amount of loss. Whether it can resolve a dispute about the cause of damage depends on the policy and Texas case law. We can review whether appraisal fits your situation.

How do you charge for roof claim cases?

We handle property insurance claim cases on a contingency fee basis: no attorney's fee unless there is a recovery. We advance reasonable case expenses, such as filing, expert, appraisal and umpire fees. Expenses are repaid from any recovery and are deducted after the attorney's fee is calculated. If there is no recovery, we generally do not seek repayment of expenses from a client who cooperates and sees the matter through in good faith; a client may be responsible for advanced expenses in limited situations, such as ending the representation without good cause. All terms are in a written fee agreement.

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