What laws and policy terms control a storm damage claim?
Short answer. A storm damage claim is governed first by your insurance policy, which is a contract: its perils, exclusions, conditions, loss settlement terms and deductibles decide what is owed. Georgia law sits on top, regulating how insurers must handle claims and how contractors may behave after storms. Knowing which section of the policy applies tells you where a dispute can go.
The policy sections that decide a roof claim
- Declarations page: limits, deductibles (including any separate wind or hail deductible) and endorsements that change the roof's coverage.
- Perils insured against: windstorm and hail are covered perils on most homeowners forms.
- Exclusions: wear and tear, deterioration, faulty workmanship, and sometimes cosmetic damage. See wear and tear vs hail.
- Duties after loss: prompt notice, protecting the property from further damage, showing the damage, and providing documents or a proof of loss when asked.
- Loss settlement: replacement cost, actual cash value, or a roof payment schedule.
- Appraisal: the process for disputes about the amount of loss.
- Suit against us: the deadline to sue the insurer, which can be much shorter than general limitation periods.
Georgia laws layered on top
- The Unfair Claims Settlement Practices Act and the Commissioner's rules on prompt, fair claim handling.
- The bad faith statute, O.C.G.A. 33-4-6, for covered losses refused without a reasonable basis after a proper demand. See bad faith.
- Contractor rules: no deductible waivers or rebates; no contractor assignment of insurance proceeds within one year of a declared natural disaster (O.C.G.A. 10-1-393(b)(36)); and a right to cancel an insurance contingent roofing contract if the claim is denied (O.C.G.A. 10-1-393.12).
Why the distinction matters
A disagreement over price is a loss settlement issue that appraisal can resolve. A disagreement over cause is a coverage issue that usually needs evidence, a reinspection, or legal help. Identify which one you have before choosing a next step; the denied claim guide helps sort it out.