By | June 22, 2015

I represent many homeowners and business owners who are suing their insurance company for roof damage from wind or hail.  Many times, the leaking in the house gets so bad that the roof must be replaced during the course of litigation.  My clients frequently ask whether it is ok to replace their roofs during the litigation.  The short answer is “yes.”  But, there are some caveats. 

Prior to replacing the roof, you must notify me and give me enough time to make sure that I have inspected the roof one last time.  I must also give your insurance company an opportunity to make one last inspection of the home prior to the tear off beginning.

During replacement, I may also want to be present in order to document damage to the underlayment and decking.  We should also give the insurance company an opportunity to be present during the tear off.  Also, I (and possibly your insurance company) may want to keep some of the items from the roof as evidence.

With those caveats it is perfectly fine for you to replace your storm damaged roof before and during litigation.

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