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Insurance Law/ACV roof endorsement

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Question
A tree fell on the garage roof damaging a small area. It is a wood shingle roof over 25years old. My policy has an acv roof endorsement. Is it correct that I only get paid acv for the damaged portion. The contractor has stated the whole side needs to be replaced due to not being able to fix the damaged area only. Shouldn't it be at least acv for the whole half of the roof where the damage is, if not the entire roof?

Answer
Mandy,

Sorry to hear about your problem.

First of all ... find you a different contractor! He just doesn't want to do a small repair and there is more profit for him in a full slope or complete roof. That may not be the BEST thing for you from an economic standpoint. A wood roof is VERY easy to repair.

A "repair" is NOT subject to any depreciation as that is not considered a "betterment" ... which IS subject to depreciation. If the Carrier figures a full slope replacement, they can depreciate that pretty heavily (possibly 90% on a 25 yr old wood roof) and you would be responsible for paying the difference on top of your deductible. Until you came up with the money out of pocket over and above their payment, there would be no coverage for that section/slope of the roof.

When the Carrier estimates the claim damages, make sure they include the cost to remove the tree from the roof in the first place. The rest of the tree removal is not covered, only the portion from the garage itself.

Hope this helps.

Kevin Hromas
JD, EGA, RPA, PLCS, HCRI-R/C, CPIU, WINDŽ Umpire
Kevin Hromas & Associates
... A Division of US Insurance Information LLC
www.KevinHromas.com

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Kevin Hromas

Expertise

I am a licensed, executive general adjuster currently holding a Texas resident P&C license (614250), New Mexico non-resident all lines license (248774), Oklahoma non-resident P/F/M license (A299561), Florida non-resident P&C license (E117051) and a National Flood Insurance Program certification (06040100). My areas of expertise involve property and casualty issues in both residential and commercial policies with regards to claims practices and issues. I deal extensively with Lloyd's of London commercial policies and various domestic carriers for residential policies.

Experience

After a 20 year career as a General Contractor, I was employed by Allstate Insurance as an adjuster in Texas, holding various postitions within the property claims department. After leaving Allstate, I specialized in handling losses associated with major catastrophes through-out the country. (Hurricanes Isabel, Charlie, Wilma, Katrina, Ike, etc., hail storms, floods.) I am currently retained as an expert by multiple insurance defense firms in Texas for issues in litigation. I am also a certified Umpire for formal appraisals.

Organizations
Member - Society of Registered Professional Adjusters Fellow - Council on Litigation Management Member - Property and Casualty Association Member - Texas Independent Insurances Adjusters Association Member - National Association of independent Insurance Adjusters Member - Houston Claims Association

Publications
Claims Magazine (www.ClaimsMag.com and then search 'Kevin Hromas' for a full listing of articles and quotes.) www.ClaimsPages.com, www.ProAdjuster.org, www.KevinHromas.com

Education/Credentials
JD - University of Houston Law Center - 1992 BA - Southwest Texas State University - 1980 AA - South Plains College - 1977 PLCS - Personal Lines Coverage Specialist

Past/Present Clients
Certain Underwriters at Lloyd's, London, Fulbright & Jaworski (Law Firm), Bracket & Ellis (Law Firm) Thamm & O'Briant (Law Firm) Sheehy, Ware & Pappas (Law Firm) Walker, Wilcox and Matousek (Law Firm) Financial Guarantee Underwriters

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