THE 25% RULE: A SAFETY NET FOR PROPERTY DAMAGE CLAIMS

Roof damage is often the highest ticket item in a property damage claim following a hurricane or storm. It is no surprise that the issue of roof damage becomes a main point of contention between a property insurance carrier and property owner. The point of contention can result in prolonging the claims process leading to even longer litigation. The delay becomes a serious problem for property owners during Florida’s hurricane season because it leaves the roof and interior subject to deterioration and a secondary loss from a second storm.

The insurance company will attempt to repair isolated shingles or roof tiles in an effort to minimize the amount of insurance benefits payable to the property owner. The property owners usually realize that damage to the roof is more widespread requiring greater repair or restoration, or even total replacement. Enter the Florida Building Code.  Section 611.1.1 of the 2007 Florida Building Code provides,

“not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12 month period unless the entire roofing system or roof section conforms to requirements of this code.” 

If more than 25 percent of the total roof area requires repair, replacement or recover, the entire roof must be replaced.  

If more than 25 percent of the total roof area requires repair, replacement or recover, the entire roof must be replaced.   The strategy of the property insurance company on a roof claim is to keep the repair of the total roof area below 25 percent so that it does not have to replace the entire roof. 

The Florida Code also has a 25% Rule for the replacement of garage doors and exterior doors with glazing, sliding glass doors, glass patio doors, skylights, and operable and inoperable windows. Windows and exterior doors are structural, they distribute loads laterally throughout the exterior envelope and are a direct part of the mitigation of the structure.  The code specifically provides that the structural alteration must consider the design pressure of the building envelope as part of the repair or replacement of “enclosed building”.  Damage to windows and exterior doors involves issues of “opening protection” and “design pressure” that must be considered in resolving a property damage claim. 

            Windylaw has knowledgeable engineers and contractors who can navigate the issues involving the Florida Building Code to assist in obtaining your full insurance benefits for any property damage   If you have any questions about these complicated issues please contact us.

To learn more about what the property damage law experts at Windy Law can do for you - give us a call at 844-849-0760 or email us at info@WindyLaw.com.
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