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Litigation over cap claims from insurance company attorneys | Property Insurance Protection Law Blog



Quick question — which insurance defense law firm did I leave in 1985?

A new blog, Tile roof legal claim, explains the view regarding post-Hurricane Ian rate disputes from the insurance company’s point of view. The blog begins with the typical standard argument: there is no harm, and all cap claims are fraudulent. It then notes laws that arguably allow salvaged slabs and bone yard slabs to be used:

Another argument is that outgoing tiles are not suitable for spot repairs on existing roofs. The Florida Building Code and Florida Statues stated otherwise. Section 1511.5 of the Florida Building Code 2020 states:

Existing or salvaged slate, clay, or concrete tiles shall be permitted for reinstallation or reuse, to repair existing slate or brick roofing, except that salvaged slate or brick shall be of similar type in both material and profile. Damaged, cracked or broken slate or tile should not be reinstalled.

Additionally, Florida Statute § 553.8425(7), dealing with local product approval, provides:

The approval shall be valid until the product changes and decreases in performance; the standards of the code change, which requires increased performance; or the approval is otherwise temporarily suspended or revoked. Changes to the code do not invalidate the approval of products previously installed in existing buildings if such products met building code requirements at the time the product was installed.

Accordingly, outgoing plates do not need a current NOA or other current product approval if the proposed spot repair is otherwise code compliant.

It then noted the new law, arguably suspending the 25% rule:

Because code coverage is particularly relevant to tile roof claims, we will also address the impact of new Florida Statute § 553.844(5), which reads as follows:

(5) Notwithstanding any provision of the Florida Building Code to the contrary, if an existing roof system or roof section was constructed, repaired or replaced in accordance with the requirements of the Florida Building Code of 2007, or any subsequent editions of the Florida Building Code, and 25 percent or more of such roof system or roof section is repaired, replaced or restored, only that repaired, replaced or restored portion is required to be constructed in accordance with the Florida Building Code in effect, as applicable. The Florida Building Commission shall adopt this exemption by rule and incorporate it into the Florida Building Code. Notwithstanding s. 553.73(4), a municipality may not by ordinance adopt an administrative or technical amendment to this exception.

This provision arguably eliminates the oft-cited “25 percent rule”

; for roofs constructed in accordance with the 2007 Florida Building Code.

The answer to the question is Butler, Burnette, Wood and Freemon, as I noted in
Butler Pappas – A familiar enemy.

Today’s thought

The sky’s the limit if you have a roof over your head.
Sol Hurok


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