Legal Question in Construction Law in Iowa

i am a contractor working in Cedar Falls, IA. Due to the recent hail storm and april 6th i am assisting many homeowners with their insurance company. On one particular property i met with the adjuster while the roof was being inspected. The south facing slope had multiple tabs the had been overturned by wind, but the adjuster said that the south facing roof was to deteriated to warrant the shingles as being wind damaged. The homeowners insurance did cover the north and west facing slopes due to damaged shingles and vents though. I brought to the adjusters attention that there is now a line of sight issue due to the fact that it is a hip style roof meaning where the different slopes meet you can see the face of both slopes. Granted the existing shingles are old and deteriorated and new shingles would be meeting with them, the existing shingles are no linger manufactured and there are no similar matches. The portion of the roof where the old and new shingles meet face the dirrection or the road where it will be easily noticed yet the homeowners insurance claims that there is no line of sight issue with that. Is there any laws or guidelines for this in Iowa that specifes the qualifications for line of sight issues. Also, it is to my understanding that if the insurance company is still allowing the insured to pay premiums without a notice saying that portions of the roof is no longer insurable due to its condition or if they have not given them a reduced premium due to the fact that they are no longer insuring the roof, it is still the insurances responsibility. Any information would be greatly appreciated! Thanks, Josh


Asked on 6/29/10, 5:21 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

The answer to your question is no-there are no laws relating to line of sight issues such as you have described. I'm thinking that a careful examination of the homeowner's policy may reveal that they're only insuring the structural integrity and safety of the structure and not making it look pretty.

On the other hand insurance is a regulated business, and perhaps the Insurance Bureau might have something to say about this practice, this company, or this particular adjuster.

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Answered on 6/30/10, 10:11 am


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