I received a comment to my post, Cosmetic Damage is "Physical Damage" and Recoverable Under a Property Insurance Policy, asking the following:

What about matching of the roof tiles or shingles?

The new ones are always going to be different. But, the insurance companies are not paying for the entire roof.

In this case the purpose of insurance of "to put the insured in the same position they were before the loss" is not true as long as the insurance companies continue to pay part of the roof.

Your opinion, please.

Thank you.

Another comment also finished with a question for me:

If the argument is that aesthetics is part of the function of the item then it would be just as true for composition shingle roofs as for the copper roof panel example. The base color of shingles is always the same, black asphalt, the color comes from the granules; therefore granule loss is equal to color loss.

If color loss is equal to aesthetic loss then granule loss and the resulting color loss is a loss of function.

Or, am I reading this all wrong?

First, I applaud everybody that sends in a comment or asks a question. I encourage it. Sometimes, I respond privately and nothing gets posted. Still, it is important that comments to what we post are made so we can reflect and have dialogue.

Second, I want to encourage everybody to use the “SEARCH” function of our Blog. You will find it very useful to all kinds of coverage or insurance questions. Let me show you an example from the two questions above.

“Matching” is the topic of both questions. If I were to put the word “match” into our search function, the following 10 Posts would be the result:

  1. Matching Coverage Disputes and Disagreements are Routine and Not Going Away–Don’t Miss Our September 11 Seminar in Houston Which Covers This Topic
  2. Provide the Right Proof so Your Insurer Will Pay Costs to Repair or Replace to Match Texture, Color and Likeness
  3. Matching of Property Damage is Statutory in Florida
  4. Causation Issues to Note in Texas Property Insurance Coverage Disputes-Part II
  5. The Proposed Federal Charter Legislation Should be Named: "The Anti-Consumer Insurance Act of 2009"
  6. "It’s an Ill Wind that Blows No Good"
  7. The TWIA Roof Damage Memo: Checking Basic References to Resolve Adjustment Questions
  8. "Texas Hold ‘Em": Merlin Law Group’s Seminar for Texas Public Insurance Adjusters
  9. Is The Saffir-Simpson Scale Still Relevant
  10. New Insurance Companies Founded in Florida

Of those results, five posts seem to provide most of the answers to the two questions. Indeed, I invite anybody to ask me questions about roofs, matching, and indemnity in Texas after they have read the following posts:

I want readers to benefit from the work I have already done for them by using the search function and reading what I have previously written, so I don’t have to do all the work twice. This seems fair.

I also need to warn to everybody. Unless you are an attorney, you are breaking a number of laws by advocating legal positions of coverage in letters or phone conversations with insurance adjusters or claims managers. You are practicing law. Do not do it. If you get turned into the Bar or the Department of Insurance, you are warned. And, insurance adjusters and insurance companies have an ethical obligation to turn you in if you practice law without a license. BEWARE.

I get questions all day long from people, public adjusters, contractors, and potential clients regarding insurance coverage questions that pertain to actual controversies. I can understand the need to ask me questions and obtain a better understanding of coverage issues. If you attend my seminars or others where I speak, I will teach you how to use what I write without practicing law. Go to our seminars.

If you are an adjuster, independent adjuster, or insurance claims managers, you do not have to put up with public adjusters, and especially contractors, practicing law. I have no patience with unlicensed people practicing law and acting as legal advocates. All professional public adjusters agree. I cannot speak for many of the insurance contractors and insurance restoration contractors because many seem to violate many laws regarding public adjusting and practicing law without regard to anything because nobody does anything about it.

If you are a policyholder trying to do this yourself, I remind you of the old saying that “he who represents himself has a fool for a client.”

And please understand that my advice as to what to advocate applies only when I get retained. If you attempt to do anything as a legal advocate or by giving advice of a legal nature with an insurer, you may be violating the law and harming the public, your client, or yourself. I am providing general legal principals so readers and others do not get harmed by insurance companies and so policyholders can get paid in full.

  • Dennis Johnson

    Are the Florida statutes or case law precedents allowed to be introduced in litigation occuring in a Texas trial court?

    Also, if so is it reciprocal where Texas or any other state statutes or precedent could be used in a Florida trail court?

    Basically, I am wondering if relevant case law from one state can be used in a trial in a different state?

  • Dennis,

    Sometimes I use cases from one state trying to persuade judges in a different state. This practice is most effective if there are no cases within a given jurisdiction.

    Statutes from different states usually do not help much.

  • D.V. McClelland

    The Texas Dept of Insurance has issued 2 separate bulletins informing insurance companies that not paying overhead and profit where a contractor is needed would be”unfair to the insured,” and could subject the insurance company to possible disciplinary action.

    Has the Mississippi Dept of Insurance isssued any such bulletins, and where can I find them?

  • If you need to replace 3-tab roofing shingles, you can either do the job yourself or hire a professional roofing contractor.

    Do not work on the roof if it is wet or slippery.

  • I think insurance companies are ridiculous. Always looking to save a buck. Take your money when you don’t need them, and refuse to pay for claims that are legit.

  • Don Messenger

    Chip,

    Do you have any case law for shingles matching in Pennsylvania? I have a client with cedar shake on a very old home. Patina is very important along with the facts I have read on repair techniques used…ie weaving replacement shingles requires the use of shorter shingles, now we are definitely not back to pre loss conditions…
    looking forward to your reply,

    Regards,

    Don

  • Chip Merlin

    Don,

    Please call Doug Grose in our office. He has a very in-depth research file on matching.

  • Sharon in Ohio

    Ohio here., Wind and hail damage to roof, wind and storms come from the south west to hit the back of our home. Insurance is replacing all of that but NOT THE FRONT slope. We have lived here since 1996 , 18 yrs under a 25 yr old roof, when it was originally put on i have no idea, but it was on there when we moved in. yes they found a match however how will I ever sell this house if the roof reflexs all newness in the back and the front shows dark black lines running down it and faded out. ?? It’s just not going to look good.. Isn’t there a law in Ohio that it should all look the same for the owner regarding resell?? or something like this?? thank you in advance for your attention in this matter.

  • Debbie

    I have roof damage on a condo with water damage inside. There are sections of the roof that are now bare plywood. The roof is street visible and the insurance company only wants to pay for missing shingles The insurance adjuster recommended a new roof . Shingle replacement was done 6 months ago and now I am back in the same boat. How do I get them to cover a new roof? This is in ct

  • Fran

    In Michigan, insurance company saying only damage to one side of roof so that is all they will cover, is there anything I can do short of legal action. The shingles cannot be matched, and the insurance company acknowledges that.