Wind damage: the underpayment playbook
Wind events generate the most disputed claims after hail. Common: 'creased shingles aren't broken,' 'only the visible courses need replacement,' and 'this isn't wind, it's wear-and-tear.'
How carriers underpay wind damage claims
- Treating creased or lifted shingles as 'cosmetic' rather than functionally compromised
- Limiting repair to visible courses while ignoring sealant failure on adjacent rows
- Attributing wind-flag damage to prior wear when no engineering report supports it
- Denying soft-metals (gutters, downspouts, fascia wraps) on the basis of dent depth
- Excluding code-required upgrades (drip edge, ice-and-water shield) on partial reroof
The industry standard you can cite
RIA Best Practice: O&P Eligibility
General Contractor Overhead & Profit Eligibility (RIA Guidance)
Restoration Industry Association (RIA)
**Key provisions:** GC O&P is appropriate compensation when the project involves coordination of 3+ trades, requires project management, supervision, sequencing, or permitting. Standard rate is 10% Overhead + 10% Profit on direct costs. RIA aligns with Mills v. Foremost insurance ruling and industry textbook practice.
**How to cite in a carrier dispute:** Cite when carrier strips O&P from estimate citing 'no GC involved' — if 3+ trades touched the project, O&P is owed regardless of whether a formal GC was engaged.
Recent court opinions on wind damage disputes
Universal Property & Casualty Insurance Company v. Yunia Alvarez
Leonard v. State Farm Fire & Cas. Co
Chun v. Castle Key Indemnity Company
Carmen Aleman v. Standard Casualty Company
Debbie Beaty and Jonathan Hayes v. Homeowners of America MGA, Inc. and Homeowners of America in Surance Company
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