Roof Repair Methods Prove TWIA is Wrongly Denying Roof Claims
Previous posts highlighted TWIA's secret internal memo (Internal Texas Windstorm Roofing Claims Memo Explains Damage is Not Covered and The TWIA Roof Damage Memo: Checking Basic References to Resolve Adjustment Questions) which wrongly orders denial of coverage for roofing damage. In response, we received a technical manufactuer's bulletin from a certified roofing contractor which helps explain why this is factually a covered loss.
Here is the two page technical memo regarding Re-Sealing Shingles:
The point of the technical memo is that hurricane strength winds will lift and blow shingles so that the seals are broken. Generally, the older and more worn the shingle, the more likely this breaking will occur. Good adjusters are aware of this and will carefully and closely inspect roofs to see if the shingle seals show signs of breakage or non-adherance.
Following a major hurricane such as Ike, insurance companies with a culture of good faith claims handling instruct the field adjusters to anticipate this type of damage and determine whether the shingles are "lifting." TWIA's instructions were just the opposite:
"Shingles that show no signs of damage other than they are not sealed and can be raised with your hand are not considered windstorm damaged. Some call these "lifted" shingles. Some call them "blown up" shingles. Some call them "unadhered". Regardless of the terminology, these are not considered windstorm damaged. The shingles are mostly laying flat and are continuing to do as they were intended…….to repel water."
Why would TWIA say the shingles are fine when everybody in the roofing industy would fix them? We will find out as the Hurricane Ike insurance litigation gets underway.
Policyholders should not give up. Justice will prevail for those who seek it.
Chip,
Thank you very much for the blog. I am having exactly the same problem narrated by you in your blog. I am so frustrated with the insurance company (Farmers) that I have filed a complaint to TDI (Texas Dept of Insurance). Any idea if the hurricane Ike litigation is filed and under way? Is it a class action lawsuit and how can I become a part of it?
I am reproducing below my complaint to TDI, which has also been copied to Farmers.
Re: Claim Unit Number 1012800117-1-1/Policy Number 19-0937096163 – Damage To Home Roof During Hurricane Ike – Loss Date 9/13/2008
Sir,
I would like to inform you that the following complaint has been submitted today by me to Texas Department of Insurance.
Quote:
1) As you are aware, we had Hurricane Ike with strong winds in September last year. At least about 50+ shingles were blown away from my roof.
2) I immediately filed an insurance claim which was rejected by Farmers vide their letter dated 21st September 2009.
3) Since the cost of repairs was less than my deductible, I promptly got the repair done.
4) After about 2 to 3 months of the repair, I observed that some additional shingles had blown off due to strong winds, which however, were nowhere near hurricane strength. These too were replaced.
5) I noticed in June 2009 that some shingles were flapping and many had become loose. Fearing that eventually, this may lead to roof leakage in the near future, I once again reopened the insurance claim.
6) The adjuster (name Brett) came on 18th June and after duly examining the roof, mentioned that the seals of many shingles had broken and this was a matter of wear and tear, which is not covered by insurance.
7) The adjuster categorically mentioned that "STRONG WINDS DO NOT BREAK THE SEALS OF THE SHINGLES", AND REITERATED THAT THIS WAS DUE TO NORMAL WER AND TEAR.”
8) The adjuster once again rejected the claim for roof replacement and mentioned that the seals should be repaired.
9) There are way too many broken seals and the repair of these will not ensure that the roof is totally repaired.
10) MY MAIN OBJECTION IS WHY DID FARMERS ISSUE AN INSURANCE POLICY, KNOWING FULLY WELL THAT MY HOUSE IS 10+ YEARS OLD, AND THE ROOF SEALS COULD HAVE BEEN DAMAGED DUE TO WEAR AND TEAR. IF SUCH WEAR AND TEAR IS NOT COVERED BY INSURANCE, FARMERS SHOULD HAVE EXAMINED MY HOME/ROOF AND INSISTED THAT I REPAIR MY ROOF, EVEN BEFORE ISSUING A POLICY.
10) Please note that I am an engineer by profession and would not agree to statements like "SEALS CANNOT BE BROKEN DUE TO WINDS".
11) I would like to place on record, the unreasonable attitude and hollow reasoning of the concerned adjuster in this instance.
If at any future date, I notice leaks from my roof, I will hold Farmers responsible for not passing my claim for roof replacement.
Kindly acknowledge receipt of this letter and request your expeditious action and approve replacement of my roof.
In case you do not agree, I would like to resort to further actions as may be deemed necessary by me.
Sincerely
Yogesh Joshipura
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