Insurance and Your Roof

When your roof is damaged by a major storm or hurricane, the last thing you want to do is worry about if your insurance will cover the expense. You may even be curious about using this time to upgrade your roof to a different system. As you start the claim process, choosing who you work with for the restoration will make all the difference between your roof leaking in the next storm or holding strong. You deserve a worry-free roof, one that lasts and doesn’t leak. Here are some things you need to know about storm damage, insurance, and your roof.


Key Points About Your Roofing Project

What to Watch For

  1. If your insurance company asks you to get three bids, it’s their way of finding the cheapest roofer.
  2. By paying only the deductible, you can have the best roofer install a great roof.  Why pick the cheapest roofer?
  3. Pushing you to make a decision quickly is the way insurance companies clean up their balance sheet.  You have three years to make a decision.  Don’t let them rush you into making one without reviewing your options.
  4. If there is a discrepancy in what their appraisal states and our estimate, it’s because the insurance company is leaving out items.  Let us give you the right information so you get the roof you want, need, and deserve.

Insurance Companies 

  1. Miss important items to keep their claim amount low
  2. Know 92% of all appraisals are accepted without question
  3. Must bring your new roof up to code
  4. Will often offer repair, when replacement is required

Roof Owners

  1. Should have their roof inspected and a claim filed within 3 years of damage
  2. Have a roofer create a scope of work covering all damages
  3. Should show the roofer’s report to their insurance company
  4. Have the option to upgrade their roof

Kelly Roofing

  1. Will match insurance company pricing, when all line items are included
  2. Is the oldest roofing company in Southwest Florida, since 1972 in Naples
  3. Has a team dedicated to helping you through the process
  4. Makes it easy to get your roof fixed


What We Find After Storm Damage

We are seeing customers rushing to accept whatever the insurance companies are telling them about their roof’s storm damage, which is wrong in most cases. Here are the facts:

  • Damage Can Be Hidden. Winds have severely damaged roofs in ways not viewable from the ground, which is how almost all inspections are performed, leaving roof owners with a damaged roof to deal with out-of-pocket.
  • Knowledgeable Adjusters Are Hard to Find. Inexperienced insurance adjusters are being brought in from the auto industry to look at homes because of the shortage caused by Hurricanes Irma, Harvey, and Maria.
  • It’s Not Up to Code. Adjusters do not know about Florida’s codes and are asking out of town roofers to install roofs which are also not up to code.

The Window for Claims is Smaller. The statute of limitations to file an insurance claim has been reduced from 5 years to 3.


Insurance Company Tactics

After a strong storm or hurricane has left you with roof damage, the following days and weeks are filled with insurance claims and paperwork. Some insurance companies will work to pay the least possible or deny your claim altogether.

At times they drag the approval process out so the work is delayed. Damage mitigation will then need to happen, which insurance companies are happy to pay because it will cost them less then additional damage costs.

Your insurance check may also be only 1/2 of what you should be paid because of Actual Cash Value, or ACV. This means you will get an initial check upfront and the remaining balance, minus your deductible, at a later date.


Better Roof, Less Worry

Nobody wants to worry about their roof. Unfortunately, some unscrupulous roofers are cutting corners and taking advantage of Florida roof owners. Having a trusted local roofer on record will reduce the worry you feel when storm damage happens.

As one of the oldest roofers in South Florida and Roofing Contractor of the Year, we care about our community. It concerns us that 92% of homeowners accept the first offer their insurance carrier gives them. We work to ensure you receive the full amount your roof deserves.We use the exact same software as Florida mandated insurance adjusters use to create your estimate. We submit all the estimate information to your insurance provider and save you time. If you receive an offer less than what is required to meet Florida codes, we go to bat with your insurance on your behalf. Avoid costly roof repairs and enjoy a worry-free roof!


You can verify any roofer’s license and workers’ comp coverage through these links:

Verify a License

Workers’ Comp Verification

Kelly Roofing License

  • An employer engaged in the construction industry that employs one or more part or full-time employees or an employer in the non-construction industry that employs 4 or more part or full-time employees must have Florida workers’ compensation insurance. Employee includes: Corporate officers, and for construction industry employers, limited liability company members 440.02(9), sole proprietors, and partners. Corporate officers, which for construction industry employers, includes a member of a limited liability company are eligible to elect to be exempt from the provisions of Chapter 440.
  • An employer in the construction industry shall require any subcontractor who sub-contracts work from an employer to provide evidence of Florida workers’ compensation insurance. If the sub-contractor has a valid exemption, then the sub-contractor shall also provide a copy of his or her certificate of exemption to the employer 440.10 (c).
  • A change in job duties performed by employees or an increase in the amount of payroll of a business must be reported to the insurance company.
  • If an employer has secured workers’ compensation coverage for his or her employees by entering into an employee leasing arrangement, the employer must specifically identify coverage for each and every employee. The employer must notify the employee leasing company of the names of all the covered employees and any additional employees that are working on a job site that may have been excluded from the employee leasing arrangement. Any change in job duties performed by the employees must also be reported to the employee leasing company.

  • An out-of-state employer engaged in the construction industry must immediately notify his or her insurance company and, or insurance agent that it has employees that are engaging in work in Florida.
  • An out-of-state construction industry employer, who has employees engaged in work in Florida, must either obtain a Florida workers’ compensation insurance policy or an endorsement must be added to the out-of-state contractor’s policy that lists Florida in section 3.A. of the policy.
  • A Florida construction employer (contractor) engaged in work in this state who contracts with an out-of-state employer (sub-contractors), must require proof of a Florida workers’ compensation policy or an endorsement to the out-of-state employer’s policy that lists Florida in section 3.A. of the policy. If the out-of-state employer does not provide proof of a Florida workers’ compensation policy or of an endorsement to the policy, or does not have a valid workers’ compensation exemption; the Florida employer (contractor) must contact his or her workers’ compensation insurance carrier to update his or her policy to include such sub-contractor and any persons that are employed by such sub-contractor 440.10.2 (g).

Contact an insurance agent. You can also contact the following insurance agent associations:

  • Florida Association of Insurance Agents at www.faia.com
  • Professional Insurance Agents of Florida at www.piafl.org/wc-info.pdf or call (850) 893-8245
  • Latin American Association of Insurance Agents at 305-477-1442

If you cannot obtain coverage through the standard workers’ compensation market, you may contact the Florida Workers’ Compensation Joint Underwriting Association (FWCJUA) at 941-378-7400 or visit their website at www.fwcjua.com. The workers’ compensation rates in the FWCJUA will be higher than the rates in the standard market.

You may also consider entering into an employee leasing arrangement with a professional employer organization that has secured workers’ compensation coverage on behalf of its clients.

An individual, as an officer of a corporation, who elects to be exempt may not recover workers’ compensation benefits. Eligibility requirements and documentation which must be submitted with the exemption application are detailed in 440.05 and outlined below.

Non-construction industry corporate officer:

  • The corporation must be registered with the Florida Department of State, Division of Corporations- 440.05 (11)**.
  • The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations- 440.02 (15) (b) (2).
  • There is no limit to the number of corporate officers eligible for exemption.
  • There is no application fee

Construction industry corporate officer, including a member of a limited liability company (LLC) 440.02 (9):

  • The corporation must be registered with the Florida Department of State, Division of Corporations – 440.05 (11)**.
  • The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations – 440.05 (11).
  • The applicant must own at least 10 percent of the stock of the corporation as evidenced by a stock certificate or in the case of an LLC a notarized statement attesting to the minimum 10 percent ownership – 440.02 (9).
  • The applicant must list all certified or registered licenses issued to you pursuant to Chapter 489, Florida Statutes.
  • A $50.00 application fee is required – 440.05 (8) (a).
  • No more than three officers of a corporation (including LLC) or of any group of affiliated corporations (including LLCs) may elect to be exempt 440.02 (15) (b) (2).

**Out-of-state contractors that are corporations or limited liability companies can qualify as foreign corporations or foreign limited liability companies by filing specific forms and documentation with the Florida Division of Corporations. For more information regarding the foreign qualification requirements, call (850) 245-6051. The forms can be accessed at www.sunbiz.org.

  • The Florida Division of Workers’ Compensation is responsible for enforcing employer compliance with the coverage requirements of the workers’ compensation law. Compliance investigators have the authority to conduct on-site inspections of job sites to ensure employer compliance. Investigators can also request an employer’s business records. An employer must produce the required business records within five business days of the division’s written request for records. If the employer fails to respond to the request within five business days, the division will issue a stop work order upon the employer requiring the employer to cease all business operations in the state.
  • A stop work order will also be issued to any employer who is required to secure Florida workers’ compensation coverage but fails to do so. A stop work order will also be issued in cases where an employer may have a workers’ compensation policy but understates or conceals payroll, misrepresents or conceals employee duties, or fails to utilize Florida’s class codes and workers’ compensation rates.
  • In order for the division to release a stop work order, an employer must provide evidence that it has come into compliance and has paid the monetary penalty, or entered into a payment agreement with the division.

CONSUMER HELPLINE 1-800-342-2762

The following represent the state of the law as of January 1, 2006. Please note that worker’s compensation law can be complex and these laws and policies are subject to amendment at any time. If you need help with a worker’s compensation issue, please consult a licensed attorney.

Is Workers Compensation Compulsory?

Yes

Are Waivers Permitted?

Yes. However corporate officers may elect to be exempt. In the construction industry, no more than three corporate officers may be exempt, and each must demonstrate at least 10% ownership.