What to do if my claim for roof replacement was rejected?

The insurance company only allows repairs and insisted that the roof pass the brittle test. My contractors all claimed that the 20-year old asphalt shingles can not be repaired without damaging the adjacent ones. We are initiating a 2nd inspection. Meanwhile, the insurance company mailed a cancellation notice stating that we have to fix the roof issues to continue our insurance coverage. My understanding is that I cannot secure insurance coverage for my house from other companies with fixing my roof issues. I am in need of advice on whether I can replace roof with my own fund (so I can continue my insurance coverage with a new company) and then continue seeking a settlement with current insurance company.

Asked on November 6, 2014 under Insurance Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can always repair the condition to secure your home and insure that additional damage does not take place but I would advise the insurance company - in writing - as to the issues that you have and enclose a letter from your contractor and estimates for repair as to the issue of replacing the roofing as is.  Explain that their avenue t repair is not possible and that they are canceling your policy with out just cause.  I would also write to the state Department of Insurance about the matter.  Then repair the roof and sue the insurance company for the money. Your success depends on many things but you need your house repaired and that is most important.  Good luck.

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