I’ve been in the chat rooms today where the conversation
remains active regarding State Farm Insurance being investigated in Texas. What
has amazed me is the number of adjuster who adamantly state that roof shingles
that have been lifted by wind but are otherwise physically fit are not
considered to be wind damaged … in their humble opinion. As you might imagine,
I adamantly disagree. The crux of their argument, if I understand it correctly
is that because the shingles have no other blemishes or observable defects
aside from being lifted by wind, that they are not considered as damaged.
Of course if you are a homeowner, this means you’re not
going to get paid.
I believe this type of analysis is flawed and here’s the
reason why. As I’ve stated on many
occasions property insurance policies do not insure property: they insure
people. They insure people against risk of direct physical loss, but nowhere in
the policy does it define what is meant by direct physical loss. So in my not
so humble opinion you (the insured) are entitled to the broadest possible
interpretation of what constitutes direct physical loss. To restrict the
investigation and subsequent observation to the shingles in these situations is
myopic at best and wholly disingenuous. Roofs are a system. They are put
together in a systematic fashion and each part of that system is dependent upon
the other parts to ensure it fully functions as it is supposed to. When one part of the system fails, as is the
case of wind lifted shingles the entire system is impaired. That impairment is
direct physical damage.
I used the analogy of a piece of tape being pulled up. When
put back into place it never seems to have the strength of bond equivalent to
the original bond. Shingles are no different. The system is broken when the shingle are
lifted and no amount of pressing them back into place will restore the system
to its’ pre-loss condition. In my not so humble opinion.
Bill
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