Metal roof leak in Florida: protect your claim before repairs

A roof leak repair can start the same day you call a crew. Once the panels are resealed or the wet ceiling is torn out, the evidence of what happened is gone. If you are about to hire someone for a roof leak or metal roof leak repair in Florida, first record the damage, save what comes off the roof and read the paperwork. Your insurance claim will rely on that record.

Before the crew climbs up: record the leak as it is

Start inside, where the water shows up.

• Photograph every stain, drip point, bubbled paint, sagging drywall and wet item. Take a wide shot of each room, then close-ups.
• Record a short video. Say the date out loud and describe where the water is coming in and when you first noticed it.
• From the ground or a window, photograph the outside of the roof. Do not climb onto a wet or damaged roof.

For a metal roof, look for backed-out or missing screws, cracked or worn rubber washers, open seams or panel laps, bent or loose flashing at vents, skylights and ridge caps, dents, and rust. Photograph each one before anyone reseals or replaces it.

Under section 627.70131, Florida Statutes, an insurer may investigate a loss using electronic methods such as photographs, video, video conferencing or drone footage, and may allow the policyholder to use those methods to help with the investigation. The same section says an insurer may void the policy if the policyholder, or someone acting at the policyholder's direction, with intent to injure, defraud or deceive the insurer, commits insurance fraud by providing false, incomplete or misleading information about a material fact through those electronic methods. Keep your photos and video accurate and unedited.

Ask the crew to save what they take off

The pieces removed during a repair can show what caused the leak. Before work begins, ask the crew to set aside:

• old fasteners and washers
• cut-out sections of panel, flashing or underlayment
• wet drywall or insulation samples

Ask the crew to photograph the roof before and after their work and send you copies. Store saved materials somewhere dry and label each one with the date and where it came from. If keeping something is not practical, photograph it next to a tape measure before it is thrown away.

Emergency repairs and the full repair are different steps

Your insurance policy sets out your duties after a loss. Check it for language on protecting the property from further damage. That duty comes from the policy itself.

Separately, section 627.7142, Florida Statutes requires insurers issuing personal lines residential property policies in Florida to provide a Homeowner Claims Bill of Rights within 14 days after receiving an initial communication about a claim. That document advises you to make and document emergency repairs needed to prevent further damage, keep the damaged property if feasible, keep all receipts, and take photos or video before and after any repairs. It also advises you to contact your insurer before entering into any contract for repairs, to confirm any managed repair provisions or optional preferred vendors. The bill of rights gives advice. It does not create a civil cause of action.

A tarp or temporary seam seal is a different job from replacing panels. Keep an invoice or receipt for each step and a short log of what was done, when and by whom.

The paperwork the crew hands you

Before you sign a contract, work authorization or direct-pay form, read every page. Slow down if it mentions:

• your insurance benefits or insurance proceeds
• your insurer paying the company directly
• a fee based on a percentage of what your insurer pays
• the company talking to your insurer on your behalf

The bill of rights advises you to carefully read any contract that requires out-of-pocket payment or a fee based on a percentage of the insurance proceeds. If a document mentions your insurance benefits in any way, ask a lawyer to review it before you sign.

Reporting the leak and what your insurer owes you

The bill of rights advises filing claims directly with your insurer. Report the leak promptly and write down the date, claim number and who you spoke with. Under section 627.70132, Florida Statutes, which applies to property insurance policies, a claim or reopened claim is barred unless notice was given under the policy terms within 1 year after the date of loss. For a supplemental claim, the limit is 18 months. These limits are tolled for certain deployed servicemembers.

Section 627.70131 applies to residential property insurers, including surplus lines insurers providing residential coverage. Under it:

• The insurer must review and acknowledge a claim communication within 7 calendar days, unless payment is made within that time or the failure is caused by factors beyond its control. This acknowledgment requirement does not apply to claimants represented by counsel, beyond communications necessary to provide forms and instructions.
• Unless the policy or law provides otherwise, it must begin a reasonably necessary investigation within 7 days after receiving proof-of-loss statements, unless factors beyond its control prevent it. If the investigation involves a physical inspection, the insurer must conduct it within 30 days after receiving the proof-of-loss statements, and the licensed adjuster must give you a document with their name and state license number.
• It must send you a copy of any detailed estimate within 7 days after its adjuster generates it.
• Within 60 days after receiving notice of the claim, it must pay or deny the claim or a portion of it, unless the failure to pay is caused by factors beyond its control, and it must give a reasonable written explanation of the basis for its decision.

These requirements are tolled during mediation under section 627.7015 or alternative dispute resolution provided in the policy. They are also tolled if the policyholder or a representative fails to provide requested material claims information within 10 days after receiving the request, provided the insurer sent the request at least 15 days before the pay-or-deny deadline. That tolling ends when the insurer receives the requested information. For more background, see our Florida roof leak claim guide.

Signs it is time to call a lawyer

• The claim is denied, in full or in part.
• The payment does not cover the repair your photos, materials and invoices support.
• An applicable deadline passes without acknowledgment or a decision, or the insurer does not complete a physical inspection within 30 days after receiving your proof-of-loss statements when its investigation involves such an inspection.
• You are asked to sign a release or give a recorded or sworn statement.
• Repair paperwork mentions your insurance benefits.

Frequently Asked Questions

Is a metal roof leak covered by homeowners insurance?

It depends on your policy and on what caused the leak. Photos of the fasteners, seams and flashing, along with the materials removed during the repair, help document the cause. Your policy wording controls coverage.

Can the roofer fix the leak before the adjuster comes out?

Your policy sets your duties after a loss. The bill of rights advises making and documenting emergency repairs needed to prevent further damage, and contacting your insurer before signing a contract for repairs. Save removed materials and take before and after photos.

The insurer paid less than its own estimate. What now?

Under section 627.70131, if the insurer's payment is less than its own detailed estimate, it must give you a reasonable written explanation of the difference. If the payment still does not match what your documentation supports, that is a good time to talk with a lawyer.

Talk to Louis Law Group

If your roof leak or metal roof claim was denied, delayed or underpaid, Louis Law Group can review your photos, invoices and insurer letters and explain your options. Louis Law Group is a law firm and does not do repair work. You can see if you qualify or call (833) 657-4812. Our office is at 12 SE 7th St Ste 805, Fort Lauderdale, FL 33301.

This article is general information, not legal advice.