Don't Let Your Insurance Carrier Drop You Over Your Roof: Know Your Rights Under Texas Law
For Immediate Release to Texas Homeowners
Don’t Let Your Insurance Carrier Drop You Over Your Roof: Know Your Rights Under Texas Law
Are you a Texas homeowner who has received a non-renewal letter from your insurance company, citing vague reasons like “roof condition” or “roof age”? You're not alone. In a state prone to severe weather, especially hail and wind, insurance companies are increasingly scrutinizing roofs. But here’s the bottom line: Texas law provides homeowners with rights and protections.
At Klaus Roofing Systems of Texas Hill Country, we're not just here to repair your roof—we're here to empower you with the knowledge you need to fight for your coverage.
What Texas Law Requires (in Plain English)
While some states have specific regulations about cosmetic vs. functional damage, here in Texas, it's a bit different. Your insurance policy is the key. The Texas Department of Insurance (TDI) makes it clear that insurers can't just drop you without a good reason, and they must follow specific procedures.
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You Must Get a Detailed and Timely Notice. By law, if your insurance company decides not to renew your policy, they must provide you with a written notice at least 60 days before the policy expires. This notice must state the specific reason for non-renewal. Under the Texas Insurance Code, if you request it, the insurer must provide a written statement that "fully explain[s] the decision" and "state[s] the precise incident, circumstance, or risk factors" that led to their decision.
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Proof of Damage is Key. An insurer can't simply non-renew your policy because your roof is old. They must show that the condition of your roof poses an "increased risk of hazard." They may have their own underwriting guidelines that take age into account, but those guidelines must be tied to a legitimate increase in risk. In Texas, we see a lot of hail and wind damage. Your carrier might claim your roof is "worn out," but if a roofing professional can show in report that it's in good working condition, that's powerful evidence.
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The Difference Between "Cancellation" and "Non-Renewal." In Texas, an insurance company can only cancel your policy mid-term for very specific reasons, like fraud or failure to pay premiums. A non-renewal happens at the end of your policy term and is much more common for reasons related to property condition.
A Note on Cosmetic Damage and Policy Types
Texas is unique. Many Texas homeowners' policies, particularly those for newer or impact-resistant roofs, include a "cosmetic damage exclusion" endorsement. This means the policy may not cover damage that only affects the roof's appearance, like minor hail dents, if it doesn't impact the roof's functional integrity. If your policy has this exclusion, the fight shifts from "is there damage?" to "is the damage functional?".
Another key factor is your policy's coverage type:
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Actual Cash Value (ACV): This pays the cost to repair or replace your roof minus depreciation. The older your roof, the less you get paid.
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Replacement Cost Value (RCV): This pays the full cost to repair or replace your roof without deducting for depreciation.
As your roof ages, some carriers may try to switch your policy from RCV to ACV, or non-renew an RCV policy entirely. It’s crucial to understand your policy's terms.
What to Do If You Get a Roof-Related Non-Renewal Letter
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Read the Letter for Specifics. Don’t panic, but do read the letter carefully. It must tell you exactly why they are non-renewing your policy. If the reason is vague, like "risk of loss," ask your insurance company, in writing, to provide a more detailed explanation as required by the Texas Insurance Code.
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Get a Certified Roofer’s Report. This is where Klaus Roofing Systems of Texas Hill Country comes in. A professional, written inspection from a certified Texas roofing contractor is your best defense. We can provide a detailed report and photographic evidence that directly addresses the alleged issues. We'll check for material damage, deck integrity, active leaks, and other issues that truly affect the function of your roof, not just its appearance.
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Request a Re-Inspection. Submit our report and photos to your insurance carrier and ask them to reconsider their decision. In many cases, a professional inspection report can change their mind and get your non-renewal notice withdrawn.
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File a Complaint with the Texas Department of Insurance (TDI). If you believe your insurer is acting unfairly, you can file a complaint with the TDI. They have a history of holding insurance companies accountable for their actions and can investigate your case.
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Shop Your Coverage. If the carrier still refuses to renew your policy, you may need to find a new one. The good news is, a clean report from a reputable roofer will make your home more insurable.
How Klaus Roofing Systems of Texas Hill Country Can Help
If you've received a non-renewal notice tied to the condition of your roof, don’t accept it without a fight. At Klaus Roofing Systems of Texas Hill Country, we provide:
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Certified, Written Roof Inspections: Our reports are focused on the true condition of your roof, with photo documentation you can submit to your insurance company or the TDI.
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Repairs and Replacements: If your roof does need work to meet underwriting standards, we'll provide an honest assessment and a professional solution to help you retain your coverage.
Don’t let an insurance company leave you without a roof over your head. Call Klaus Roofing Systems of Texas Hill Country for a free, no-obligation inspection. We’re Texans, and we believe in fighting for our neighbors.
Disclaimer: This blog post is for general informational purposes only and is not legal advice. If you have a legal dispute with your insurance company, we recommend you consult with a qualified attorney. The information is based on our understanding of current Texas laws and regulations, including Texas Insurance Code §§ 551.105, 551.002, and information from the Texas Department of Insurance.