Michigan Denied Roof Claim Attorney

A storm came through, a roofer walked your roof and found damage, and then your insurer’s letter said something else: wear and tear, no storm damage found, cosmetic only, or a check for one slope of a roof that needs all four. That letter states the insurer’s position, which you can challenge with evidence and with the language of your own policy.

Vahdat Weisman Law property damage claims attorneys help Michigan homeowners challenge denied and underpaid roof claims. Call (734) 469-4994 for a free consultation. No attorney fee unless we recover for you.

Why Roof Claims Get Denied

Most roof denials come down to one question: did a covered event cause the damage, or does an exclusion apply? Many homeowners policies cover the house against sudden, accidental physical loss unless the policy excludes the cause, and wind and hail are usually covered perils. Common exclusions include wear and tear, deterioration, latent defects, and faulty workmanship. Your declarations page and policy form, including every endorsement, decide what applies. Roof denial letters usually rest on one of these reasons:

• the roof is old, and the damage is wear, not storm
• the inspector found “no storm damage” or “no hail damage”
• hail marks are “cosmetic” and do not affect function
• the damage comes from improper installation
• you reported the loss too late
• only part of the roof is damaged, so only part gets replaced

Who Has to Prove What

You start with the burden of showing that your claim falls within the policy’s terms (Heniser v Frankenmuth Mutual Insurance Co, 449 Mich 155, 172 (1995)). For a roof, that usually means showing a covered event, such as a specific windstorm or hailstorm, caused physical damage during the policy period.

Exclusions work differently. Michigan courts strictly construe exclusions in favor of the insured, though clear and specific exclusions are enforced as written (Century Surety Co v Charron, 230 Mich App 79, 83 (1998)). Courts generally expect the insurer relying on an exclusion to show that it applies. A “wear and tear” label still has to fit the damage you are claiming.

“Your Roof Is Just Old”

Every roof has some age, and a severe gust or hail can still tear up an older roof. Age matters most to how much you are paid, not whether a covered loss happened.

Michigan law requires a fire and property policy to provide at least “coverage for the actual cash value of the property at the time of the loss” (MCL 500.2833(1)(a)). Actual cash value generally means the cost to replace minus depreciation, so an older roof may produce a smaller first check. Many replacement cost policies pay actual cash value first and release the withheld depreciation after the work is done, often within a time limit stated in the policy.

Some policies now carry endorsements that settle wind or hail damage to roof surfacing at actual cash value only, even where the rest of the house is covered at replacement cost. That kind of endorsement affects the amount, not whether the storm caused the damage.

If your insurer says your roof is simply worn out, our page on wear and tear denials walks through that specific response.

The Adjuster Found “No Hail Damage,” but Your Roofer Did

When two inspections disagree, the strongest evidence ties a specific storm to specific damage.

Storm date data. The National Weather Service enters reports of hail and thunderstorm wind into the NOAA Storm Events Database, searchable by county and date, with hail records going back to 1955. A hail report near your address on your claimed date is evidence that does not depend on anyone’s opinion of your roof.

An independent inspection. A licensed roofer, and in a larger or contested claim, a structural engineer, can document hail strikes, creased or lifted shingles, granule loss, and damage to vents, flashing, and gutters. One common method is a test square: mark an area on each slope and count hits.

Your own records. Take dated photos and video from the ground as soon as it is safe; do not climb onto a damaged roof yourself. Keep any shingles or pieces that came off. Ask your insurer in writing for the adjuster’s report, any engineer’s report and the inspection photos, and for a certified copy of your full policy.

“Cosmetic Only” Hail Damage

Some policies, often by endorsement, exclude cosmetic damage: dents that change how a surface looks without affecting how it works, most often on metal roofing, siding, and gutters. If yours has one, the dispute becomes whether the hail caused functional damage, such as cracked or punctured material or broken seals.

They Will Only Pay for One Side of the Roof

If your insurer approved only the damaged slope, the question is whether a repair limited to that slope actually restores your roof. Discontinued shingles, faded colors, and different profiles can leave a patch that does not match.

We have not found a Michigan statute or regulation that requires insurers to pay for matching undamaged areas, so the answer usually turns on your policy’s language and the facts of your roof. Ask your roofer to document whether matching materials exist.

Can a Late Report Sink Your Claim?

Not automatically. Where a policy requires notice “immediately” or “within a reasonable time,” an insurer trying to deny a claim for late notice must show actual prejudice to its position (Koski v. Allstate Insurance Co., 456 Mich. 439 (1998)). Many homeowners policies use that kind of “prompt notice” language.

There is an important limit. Where a policy sets a specific deadline, such as a fixed number of days, the Michigan Supreme Court has enforced it without any showing of prejudice (DeFrain v. State Farm Mutual Automobile Insurance Co., 491 Mich. 359 (2012)). Check your policy’s conditions section, report the damage as soon as you find it, and protect the roof from further damage with a tarp and receipts.

Supplements, Reopening and Appraisal

Hidden damage can appear when the old roof comes off, such as damaged decking or code-required items. Your contractor can submit a written supplement, with tear-off photos, asking the insurer to add them.

If the insurer accepts that the loss is covered but you disagree on the amount, appraisal may be available. Either side can demand it in writing; each picks an independent appraiser within 20 days; an umpire breaks ties; and “Written agreement signed by any 2 of these 3 shall set the amount of the loss” (MCL 500.2833(1)(m)). Umpire costs are split. Appraisal decides the amount of loss, so where the insurer disputes coverage, the court decides coverage first (Maksym v Auto-Owners Insurance Co, No. 372827 (Mich Ct App, Feb. 24, 2026); Cantina Enterprises II Inc v Property-Owners Insurance Co, 349 Mich App 682 (2024)). Our insurance appraisal process page covers how it works.

How Long Do You Have to Sue?

Michigan property policies must say that “An action must be commenced within 1 year after the loss or within the time period specified in the policy, whichever is longer” (MCL 500.2833(1)(q)). The clock “is tolled from the time the insured notifies the insurer of the loss until the insurer formally denies liability.”

Whether a particular letter was a formal denial can itself be disputed (Maksym), and after a formal denial the remaining time runs even while you negotiate. Calendar the deadline from the date of the storm.

Interest, State Complaints and What a Lawsuit Can Recover

When an insurer doesn’t pay a covered claim on time, Michigan law can add 12 percent annual interest, generally starting 60 days after you provide satisfactory proof of loss; the insurer must tell you in writing what proof it needs within 30 days of your claim (MCL 500.2006). Our underpaid and delayed claims page explains when that applies.

You can also file a complaint with the Department of Insurance and Financial Services online or at 877-999-6442. DIFS investigates complaints and tries to help resolve them, but it does not act as your lawyer.

A roof lawsuit is a breach-of-contract claim. Michigan does not award damages for emotional distress or punitive damages for an insurer’s breach of the policy (Kewin v. Massachusetts Mutual Life Insurance Co., 409 Mich 401 (1980)). The recovery is what the policy owes, with interest where the statute allows it.

Contractors, Public Adjusters and What You Sign

Roofing is a licensed trade for Michigan residential maintenance and alteration contractors; check a license through LARA’s license lookup.

Anyone who adjusts a claim for pay needs a Michigan adjuster license, with exceptions that include Michigan attorneys (MCL 500.1222). A public adjuster working for you may not charge more than 10 percent of what the insurer pays, and a contract signed within 48 hours after the loss can be canceled within 10 days (MCL 500.1226). Read any agreement that assigns your claim or insurance proceeds before signing. Do not sign a release or “final” proof of loss that waives items still in dispute. Our storm, wind, and hail damage claims page covers the broader storm claim process.

Why Choose Vahdat Weisman Law?

Roof disputes turn on documents: the certified policy and endorsements, the denial letter, the insurer’s inspection report and photos, storm data, an independent inspection, and the dates that control the one-year suit clock. We compare the denial against your actual policy language and decide with you whether appraisal, a complaint, or a lawsuit fits.

From our Livonia office, we represent injured people and their families throughout Michigan. Founding partners Kara E. Weisman and Jordan S. Vahdat have each been honored as Super Lawyers Rising Stars. Our attorneys are members of the State Bar of Michigan and active in the Michigan Association for Justice. We advance case costs, we work in English and Spanish, and we are available 24/7.

Frequently Asked Questions

• My insurer says my roof is just old. Can they deny it for that? Age alone is not the test. The question is whether a covered event, like a specific hail or windstorm, caused the damage, and whether the evidence supports a wear and tear exclusion. Age usually affects depreciation more than coverage.
• The adjuster found no hail damage, but my roofer did. What now? Ask in writing for the adjuster’s report and photos, check the NOAA Storm Events Database for your county and date, and get a written inspection from an independent licensed roofer or engineer. If coverage is accepted and only the amount is disputed, appraisal may be an option (MCL 500.2833(1)(m)).
• They will only pay for one side of the roof. Is that allowed? It depends on your policy language and whether a partial repair can actually match and restore the roof. Document whether matching shingles exist and whether the repair can be made without damaging the rest; more on our property damage claims FAQs page.
• How long do I have to sue over a denied roof claim? Generally, you have one year after the loss, or longer if your policy allows, with the clock paused from when you notified the insurer until it formally denied liability (MCL 500.2833(1)(q)).

About the Author

Jordan S. Vahdat is a founding partner of Vahdat Weisman Law in Livonia and handles negligence, premises liability, auto accident, and insurance dispute cases. He has been admitted to all Michigan state courts since 2014, practices in the Eastern District of Michigan, and has served as a case evaluator for the Washtenaw Circuit Trial Court and the 15th District Court since 2020. He is fluent in Spanish.

Talk to a Michigan Roof Claim Lawyer

If your roof claim was denied or underpaid, call Vahdat Weisman Law at (734) 469-4994 or contact us online for a free consultation. Available 24/7, serving all of Michigan, with Spanish-speaking staff.

Dedicated to Justice. Devoted to You. Winning for Your Future.

Reviewed by Jordan S. Vahdat, Vahdat Weisman Law. Last reviewed October 2026.

This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.