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“That’s Just Wear and Tear”: What to Do When Your Roof Claim Is Denied
By Charlie Hudson, Attorney at Jinks Crow Trial Lawyers
A hailstorm rolls through. The next morning, there are dents in the gutters, granules in the downspouts, and shingles in the yard. You call your insurance company, file a roof claim, and wait for an adjuster.
Then you hear it: "That's just wear and tear." Or: "The damage is only cosmetic." Or: "That was already there before the storm."
As a lawyer, I talk with homeowners who heard one of those sentences and assumed it was the final word. They paid their premiums for years. They believed their roof was covered. And when the insurance company said no, they figured there was nothing more they could do.
Sometimes a denial is legitimate. But sometimes it isn't. And recently released documents involving State Farm in Oklahoma are giving homeowners new reasons to ask how their roof claims were handled.
What the Oklahoma Documents Show
Recent litigation in Oklahoma has raised questions about how insurance companies evaluate claims involving wind and hail damage.
In August 2026, an Oklahoma judge permitted the release of 31 previously confidential State Farm documents in litigation involving homeowners who challenged the handling of their roof insurance claims. According to reporting by KFOR News and Yahoo Finance, attorneys representing the homeowners allege that State Farm implemented changes to its claims-handling procedures that resulted in fewer roof replacements and reduced payments on wind and hail claims.
The litigation has drawn attention to how insurance companies determine whether roof damage was caused by a storm, ordinary wear and tear, or other conditions that may not be covered under a homeowners insurance policy. The allegations remain disputed and have not been established as findings of wrongdoing by a court. Nevertheless, the reports serve as an important reminder that homeowners should not automatically assume an insurance company's decision is correct simply because an adjuster inspected the property and issued a denial.
If your roof claim has been denied or underpaid, it is reasonable to ask what evidence supports the decision, how the damage was evaluated, and which provisions of your insurance policy the company relied upon.
You can read more about the Oklahoma litigation in these reports:
Whatever the outcome of that litigation, it raises a question every homeowner with a denied or underpaid roof claim should be asking: Was my claim fairly investigated, and was the decision consistent with the coverage I purchased?
That question matters well beyond Oklahoma and well beyond one insurance company.
How a Roof Claim Is Supposed to Work
When you buy homeowners insurance, you're buying a promise. If a covered event damages your home, the insurance company agrees to pay according to the terms of your policy. Keeping that promise means more than mailing a check. It means investigating the claim fairly, looking at the actual evidence, and making a decision based on what the policy says and what the damage shows.
A fair roof inspection usually involves someone actually getting on the roof, documenting what they find, considering when and how the damage happened, and comparing it to the policy's coverage. It shouldn't start with the conclusion and work backward.
You have obligations too. Most policies require you to report damage promptly, take reasonable steps to prevent further damage (like tarping a leak), and cooperate with the investigation. Meeting those obligations protects your claim.
What You May Hear, and What to Ask
These are some of the most common reasons homeowners are given for denied or underpaid roof claims. Any of them can be legitimate. The question is whether the answer is backed by a real investigation.
What you may hear | What to ask |
"It's wear and tear." | What inspection is that finding based on? May I have a copy of the adjuster's report and photos? |
"The damage is only cosmetic." | Where in my policy is cosmetic damage excluded? Please show me the exact language. |
"That damage was already there." | What evidence shows the damage happened before the storm? |
"We'll repair it, not replace it." | How was the estimate calculated? Can the repair match the rest of my roof? |
"Our engineer found no storm damage." | Who hired the engineer? May I have a copy of the full report? |
Write down who told you what, and when. Then ask for the answer in writing. A denial that can't be explained in writing deserves a closer look.
What "Bad Faith" Means in Alabama
An insurance company doesn't have to pay every claim. But it does have to deal with its policyholders honestly and fairly.
Alabama law recognizes a claim for bad faith against an insurer in certain circumstances. In general terms, bad faith may occur when an insurance company:
Refuses to pay a claim when there is no legitimate or arguable reason for refusing, or
Intentionally or recklessly fails to properly investigate a claim, or to consider the evidence that supports it.
That's different from an honest disagreement. If an insurer has a genuine, reasonable basis for its position, a denial may be a contract dispute rather than bad faith. Whether a particular denial crosses the line depends on the policy, the facts, the investigation, and the law.
What matters is this: "The insurance company said no" is not the same as "I'm not owed anything."
Underpaid Is Not the Same as Paid
Not every problem is an outright denial. Many homeowners receive a check and assume that's the end of it, when the payment may be far less than what it costs to actually fix the roof.
It helps to know two terms that may appear on your policy or estimate:
Replacement cost value (RCV) generally means the cost to repair or replace the damaged roof with similar materials today.
Actual cash value (ACV) generally means replacement cost minus depreciation, the reduction for the roof's age and condition.
With many replacement cost policies, the insurer first pays the actual cash value and holds back the depreciation. You may be able to recover that held-back amount after the work is completed, but often only if you follow the policy's steps and deadlines.
If you received a check, look at the estimate behind it. Does it cover the whole roof or only part of it? Does it account for matching materials, removal of old shingles, flashing, and code requirements? Was depreciation withheld, and what do you need to do to recover it?
What to Do If Your Roof Claim Was Denied or Underpaid
Get everything in writing. Ask for the denial letter, the adjuster's estimate and report, any engineer's report, the photos taken during the inspection, and a complete certified copy of your policy.
Document the damage yourself. Take dated photos and video of the roof, gutters, siding, and any interior leaks. Note the date of the storm. Local weather reports or hail data for your address can help show when the damage happened.
Keep a claim log. Write down every call: the date, who you spoke with, and what they said. Save every email and letter.
Be there for any reinspection. If the insurer sends someone back out, be present, take your own photos, and ask what they're looking at.
Get a second opinion. Have a licensed, reputable roofer inspect the damage and put the findings in writing.
Read your policy for deadlines and options. Policies often include deadlines for reporting damage, recovering depreciation, and filing suit. Many also include an appraisal process for disputes over the amount of a loss.
Talk with a lawyer before you give up. Don't accept a denial as final, and don't wait. Deadlines can affect your rights.
You Paid for the Promise
Insurance companies have adjusters, engineers, and lawyers working on their side of every claim. Homeowners usually have a roof that leaks and a letter that says no.
That imbalance is exactly why it's worth asking questions. If your roof claim was denied, underpaid, or delayed, and the explanation doesn't add up, you don't have to take it as the final word. A lawyer can review your policy, the insurer's investigation, and the evidence, and tell you whether you may have a claim.
You paid your premiums to protect the roof over your family. When a storm comes, you deserve a fair investigation and an honest answer.
If your roof claim was denied or underpaid, call Jinks Crow at 334-725-4225 or email intake@jinkscrow.com to talk about your options.
This article provides general educational information and is not legal or insurance advice. Every insurance claim depends on the particular policy, its terms and endorsements, the facts, and applicable law. Allegations in pending litigation are not findings of wrongdoing. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
