Roof Damage vs. Wear and Tear: How Insurers Try to Blame the Age of Your Roof

Roof Damage vs. Wear and Tear: How Insurers Try to Blame the Age of Your Roof

Few things are more frustrating than watching a storm tear through your neighborhood, seeing shingles scattered across your lawn, and then hearing your insurance adjuster say, "Sorry, that’s just normal wear and tear." It is one of the most common tactics insurers use to deny or underpay legitimate roof claims—especially in states like Florida where sun and humidity accelerate aging.

But here is the reality: An old roof can still suffer storm damage. Just because your roof is 15 years old doesn't mean your insurance company is off the hook for sudden, accidental losses caused by wind or hail. Understanding the difference between "wear and tear" and actual covered damage is critical to protecting your investment.

The "Wear and Tear" Exclusion Explained

Almost every homeowner's policy contains an exclusion for "wear and tear," "deterioration," or "maintenance." Insurance is designed to cover sudden, accidental events—not the slow, inevitable aging of your home. However, insurers often stretch this definition to deny valid claims.

When an adjuster inspects your roof, they are often trained to look for reasons not to pay. They may point to granule loss, blistering shingles, or minor discoloration and label the entire claim as "maintenance" issues, effectively ignoring the specific wind-lifted shingles or hail impacts that actually triggered your claim.

Common Tactics Insurers Use to Deny Roof Claims

If you have filed a claim for an older roof, you might encounter these specific arguments from your insurance carrier:

• The "Cosmetic" Argument: They may admit there is hail damage but claim it is merely "cosmetic" and doesn't affect the roof's ability to shed water. (Note: In many jurisdictions, damage that reduces the long-term life of the roof is covered damage, regardless of immediate leaks).
• Blaming Granule Loss: Adjusters often circle areas of granule loss and claim it’s just age. However, hail strikes create distinct "bruises" or circular patterns of granule loss that are very different from general aging.
• Repair vs. Replacement: They might agree to repair a few shingles but refuse to replace the slope or the whole roof, arguing the rest of the roof is just "old." This ignores the fact that new shingles may not seal properly to old, brittle ones, making a repair impossible.

Why "Matching" and Building Codes Matter

In property law—especially in Florida—the age of your roof intersects with building codes and "matching" statutes. This is where a civil property attorney becomes essential.

If a storm damages 30% of your roof, but the shingles are discontinued or faded, the insurance company cannot simply patch it with mismatched materials that drag down your home's value. Furthermore, if local building codes require the entire roof to be brought up to current standards when a certain percentage is repaired, the insurer may owe for a full replacement, regardless of the roof's pre-storm age.

How to Fight Back Against a Wrongful Denial

If your insurer has denied your claim based on the age of your roof, do not accept their word as final. Here is how we build a case to overturn those denials:

1. Independent Inspections: We don't rely on the adjuster’s report. We work with independent roofing engineers and experts who know how to distinguish between a 15-year-old shingle and a 15-year-old shingle that was hit by hail.
2. Policy Analysis: We review your specific policy language. Does it have a "Roof Surface Payment Schedule" (depreciated coverage)? Or do you have full Replacement Cost Value (RCV) coverage? The difference can be tens of thousands of dollars.
3. Reviewing Meteorological Data: We pull historical weather data to prove that a specific storm event coincided with the damage, countering the argument that it happened "over time."

Final Thoughts

Your insurance premiums were paid to protect you from disaster, not to subsidize the insurance company's profits. If your roof was watertight before the storm and damaged after it, the age of the materials should not automatically disqualify you from coverage.

If you are facing a denial based on "wear and tear," contact ITL.legal today. We can help you determine if the insurance company is acting in bad faith and fight to get you the replacement you deserve.

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