Roofers and insurance claims: what the law allows

Why claims rules matter to roofers

Storm roofing is insurance work. From 2018 to 2022, wind and hail caused the largest share of homeowners claims, affecting 2.8% of insured homes each year, ahead of water damage and freezing at 1.6%^[1]. In 2023, 5.3% of insured homes had a claim of some kind^[1]. Hail alone is a large market: NOAA's Storm Prediction Center recorded 5,432 hail events in 2025, with Texas and Kansas seeing the most, and one large insurer paid more than $5.6 billion in hail claims that year^[4].

Where the money is, the regulation follows. States that saw heavy claim volumes, litigation and fraud after storms have tightened what contractors can say and do around claims. Florida is the clearest example, and its rules are a useful model of the questions every roofer should check in their own state.

What contractors can usually do, and what they cannot

Across most states, a licensed roofing contractor can inspect a roof, document damage with photos and measurements, prepare a repair or replacement estimate, meet the insurer's adjuster on site to point out damage, and perform the work the homeowner contracts for. Many states draw the line at negotiating the claim itself. Advising homeowners on what their policy covers, arguing coverage with the insurer on their behalf or acting as their representative in the claim is adjusting, and in many states only a licensed public adjuster or an attorney may do it for a fee.

Florida writes this out in its contractor law. A contractor may not interpret policy provisions or advise an insured regarding coverages, and may not adjust a property insurance claim on behalf of the insured unless the contractor holds a public adjuster license^[2]. The same section bars offering rebates, gifts, gift cards, cash, coupons or waivers of an insurance deductible in exchange for a roof inspection or for making a claim, and bars paying or accepting compensation for referrals^[2]. Licensed contractors can be fined up to $10,000 for each violation, and unlicensed persons face the same maximum^[2].

Florida's assignment of benefits change

For years, many Florida roofers and restoration firms took an assignment of benefits from homeowners, which let the contractor deal with the insurer and sue it directly. Florida ended that for new policies. For residential and commercial property insurance policies issued on or after January 1, 2023, an attempt to assign post-loss property insurance benefits is void, invalid and unenforceable^[3].

For older policies still in force where assignments were allowed, the statute imposed strict conditions: the homeowner could rescind within 14 days of signing, the contractor had to send the executed assignment to the insurer within 3 business days, emergency-service assignments were capped at the greater of $3,000 or 1% of the dwelling coverage limit, and the assignee could not collect payments arising from the agreement from the insured except as the law allowed^[3]. If you still see assignment paperwork in a Florida contract template, take it out and have counsel review your current documents.

Florida advertising and contract rules

Even outside Florida, these points are a good checklist for reviewing your door hangers, storm landing pages, scripts and contracts. Promises such as 'free roof, we handle your insurance' or 'we will cover your deductible' are the kind of language regulators target.

Working alongside the adjuster

1. 01

   Document before the adjuster arrives

   Take dated photos of every slope, close-ups of damage, measurements and any interior leaks. Note roof age, layers and decking condition.

2. 02

   Prepare a clear estimate

   Itemize materials and labor, and list code-required items for the local jurisdiction separately.

3. 03

   Attend the inspection as the contractor

   Point out damage and answer questions about construction and repairs. Leave coverage questions to the homeowner and the adjuster.

4. 04

   Give the homeowner your documentation

   If the scope approved by the insurer misses items, give the homeowner your photos and itemized estimate so they can ask the insurer to review it.

5. 05

   Contract with the homeowner

   Your agreement is with the property owner, with a clear price, scope and payment schedule that does not depend on you negotiating the claim.

Some states allow contractors to communicate with insurers about the scope of repairs and the price, while forbidding them to negotiate coverage. Find out exactly where your state draws that line and train sales staff on it.

What to say when a homeowner asks about insurance

The most common question on a storm inspection is 'Will insurance pay for this?' A compliant answer: 'I can show you the damage I found and give you a written estimate. Whether it is covered is between you and your insurance company, based on your policy. If you want help with the claim itself, your agent or a licensed public adjuster can help you. Once you know what your insurer approves, we can schedule the work.'

Avoid phrases that sound like coverage advice: 'this is definitely covered', 'your policy has to pay for a full replacement' or 'I will deal with the insurance for you'. They feel helpful in the moment and they are exactly what can cross into unlicensed adjusting.

Getting paid on claim jobs

• Collect the deductible from the homeowner as the contract states; never waive, absorb or disguise it.
• Expect insurance checks to be payable to the homeowner and often the mortgage lender; never ask a homeowner to sign a check over to you.
• Tie your payment schedule to stages of work, not to insurer decisions you do not control.
• Keep change orders signed for any work added after the insurer's revised approval.
• Calendar lien and notice deadlines from the first day of work in case payment stalls.

The related guides on waived deductibles and storm chaser laws cover the two practices that most often turn a claim job into a legal problem.

Training the storm sales team

Most claim-rule violations come from canvassers and new salespeople hired fast after a storm, not from owners. They copy phrases from competitors, door hangers and online videos. A short, mandatory briefing before anyone knocks on a door prevents most of it.

1. Explain the difference between documenting damage, which they may do, and advising on coverage, which they may not.
2. Give them the approved answer to 'Will insurance pay?' and have them practice it out loud.
3. List banned phrases and offers: deductible help, gift cards for inspections, 'we handle your claim', 'free roof'.
4. Show them the required disclosures on the company's flyers and website, and forbid homemade marketing.
5. Tell them who to call when a homeowner wants help with the claim itself: the office, which refers to licensed public adjusters or the homeowner's agent.
6. Record attendance and keep the briefing materials, so you can show what the team was told if a complaint arises.

Review recorded calls and a sample of signed contracts in the first weeks after a storm. It is easier to correct a phrase in week one than to defend it in front of a licensing board months later.

Example: a Florida roofer after a windstorm

Example (fictional): after a tropical storm, a Florida roofing company receives hundreds of calls. Its marketing manager updates the storm landing page to carry the required deductible disclosure in the right type size and removes a 'free inspection gift card' offer. Inspectors document roofs and give homeowners written estimates, and the sales script sends coverage questions to the homeowner's agent or a licensed public adjuster. Contracts include the required notices and the claim-related language, with no assignment of benefits. The company closes slightly fewer jobs in the first week than a competitor promising to handle everything, but it has no complaints to the licensing board and no voided contracts when the season ends.