Florida’s Insurance coverage Commissioner, Mike Yaworsky, shouldn’t be solely going to listen to from property harm attorneys about oversight of insurance coverage firms, however he additionally definitely has the eye of Florida’s roofing business after suggesting a ban on asphalt shingles. An article written by Ron Hurtibise and republished within the Tampa Bay Occasions, “Asphalt Shingle Roofs Lose Wind Resistance After 10 Years,” 1 acknowledged:
Insurance coverage Commissioner Michael Yaworsky expanded on the subject of asphalt shingle roofs that he first raised late final 12 months when he stated that they don’t final for 30 years within the state as some producers declare.
‘Perhaps it’s time to begin writing them out of the plot in Florida,’ Yaworsky advised the Florida Chamber’s annual Insurance coverage Summit in December.
On Tuesday, Yaworsky revealed {that a} report accomplished in June by Utilized Analysis Associates Inc. — citing exams by the Insurance coverage Institute for Enterprise & Residence Security and different organizations — discovered that the typical lifetime of a roof ‘the place it has that actual hurricane cat(astrophe) resistance is 10 years.’
I used to be the token property harm lawyer on a Florida Home panel a number of weeks in the past, testifying about insurance coverage affordability. Commissioner Yaworsky commented that Florida roofs might need to be manufactured from steel sooner or later if insurers are to proceed to jot down insurance coverage in Florida. Whereas decreasing the severity of property harm is vital, the idea of putting off asphalt shingle roofs is novel and can be met with a response from the roofing business.
Mike Silvers of the Florida Roofing and Sheet Metallic Contractors Affiliation (FRSA) wrote an article, ‘It’s Time to Write Asphalt Shingles Out of the Plot in Florida’ Remark Causes a Firestorm. 2 I’ve been on the opposing facet of the insurance coverage business foyer many occasions as an skilled property harm lawyer making an attempt to advocate for policyholders. Silvers is clearly in the identical seat representing the roofing contractor facet of the problem when he wrote about Yaworsky:
If these feedback have been meant to deliver consideration to the topic, they definitely did. For many people this isn’t a brand new matter. FRSA has been working with roofing product producers and their consultant teams to enhance roof protecting efficiency for many years. We’re dedicated to studying from our post-hurricane observations and sharing that data with our members and the general public. We construct consensus via conferences and discussions with all segments of our business. We, with our management’s approval, then go about implementing modifications via participation within the Florida Constructing Code (FBC) modification course of. We additionally work together carefully with legislators and regulators on points that would have an effect on our commerce. The remarks made by such an vital participant within the property insurance coverage area have our consideration….
I lately addressed the Asphalt Roofing Producers Affiliation (ARMA) at their Board of Administrators assembly in Indianapolis and made a presentation titled Submit-Hurricane Perceptions Matter. My purpose was to deliver them a Florida perspective and to bolster ARMA’s curiosity in enhancing asphalt shingle roof efficiency after excessive wind occasions and the way the notion and the narrative in Florida was not favorable to asphalt shingles. They have been very receptive to the message and have been forthcoming in sharing the enhancements in supplies being made by many producers. We’ll proceed to work collectively via constructing code modifications to enhance supplies, testing and utility strategies. ARMA is at the moment working with FEMA and conferring with FRSA to enhance hip and ridge efficiency. This roof situation is the place post-hurricane observations have discovered many failures in all roof protecting varieties however particularly with asphalt shingles. Addressing this concern may go a protracted solution to decreasing these failures. It is very important notice that almost all typically these hip and ridge failures don’t result in water intrusion. They’re part of a redundant roof system with a number of layers of fabric in these areas. They do, nevertheless, get recorded as broken and thereby a ‘failure.’
Silvers is a seasoned roofing skilled with over 50 years of expertise. He acknowledges the restrictions of asphalt shingles in Florida’s harsh local weather. Perhaps he ought to have thought of being a property harm lawyer as a result of he persuasively argues that outright removing of asphalt roofing shingles from the market can be misguided. As an alternative of eliminating shingles, the FRSA emphasizes ongoing enhancements in roofing supplies, set up strategies, and constructing code enhancements to make sure higher resilience. The group exhibits its dedication to creating Florida’s buildings extra resilient by working carefully with asphalt roof producers, Florida’s legislators, and regulators to implement mandatory modifications via the Florida Constructing Code (FBC) course of.
Silvers highlights a number of crucial components in choosing the right roofing materials for a construction. Constructing design and site play a major function, as wind velocity requirements, surrounding topography, and proximity to saltwater affect roofing selections. The meant use of a constructing, whether or not as a main residence, funding property, or condominium, impacts long-term roofing selections. Value concerns and insurance coverage implications additionally weigh closely, significantly as insurers push for untimely roof replacements, complicating monetary selections for owners and companies.
Whereas asphalt shingles have been criticized for his or her sturdiness in hurricane-prone areas, Silvers argues that a lot of the harm outcomes from improper set up quite than inherent materials failure. Correct nail placement is essential for wind resistance, but errors in pneumatic nail gun utilization can weaken shingle integrity. Submit-hurricane assessments typically fail to differentiate between practical failures, equivalent to leaks and structural compromise, and beauty harm. Moreover, constructing code limitations permit shingles to be put in by contractors who will not be licensed roofing professionals, growing the danger of improper utility.
As an skilled and skeptical property harm lawyer, I discover the Residential Wind-Loss Mitigation Examine 3 carried out for the Florida Workplace of Insurance coverage Regulation to be a complete evaluation of windstorm loss mitigation. Nevertheless, a number of features of its methodology and conclusions warrant scrutiny. The examine locations a major emphasis on the vulnerability of asphalt shingle roofs, suggesting that their hurricane resistance diminishes after ten years. Whereas there’s benefit in inspecting how Florida’s local weather impacts roofing longevity, the report lacks transparency concerning the pattern measurement and particular circumstances beneath which this deterioration was measured. With out extra detailed knowledge on upkeep practices, set up strategies, and materials variations, the assertion that asphalt shingles universally lose their effectiveness inside a decade seems overly broad.
The examine’s robust give attention to different roofing supplies, significantly steel roofs, raises questions on potential biases. Whereas steel and tile roofs do provide better sturdiness, the report doesn’t adequately take into account the financial burden of transitioning owners away from asphalt shingles. Any property harm lawyer price his salt would spotlight that the preliminary value of those supplies might be considerably larger, and lots of policyholders might battle to afford such upgrades. The examine doesn’t discover coverage options equivalent to phased implementation, monetary help packages, or incentives that would make resilience extra accessible.
One other space of concern is the reliance on local weather projections utilizing the RCP 6.0 state of affairs, which assumes a reasonable emissions pathway for future hurricane exercise. Whereas it’s prudent to consider local weather change, the examine doesn’t account for historic fluctuations in storm depth and frequency. The reliance on a single local weather mannequin by the corporate assigned to do the analysis introduces uncertainty and will overstate the urgency of transitioning away from asphalt shingles. Moreover, using insurance coverage loss knowledge from 2018 to 2023 lacks a transparent breakdown of declare circumstances, coverage circumstances, and the way depreciation factored into settlements. With out this context, it’s troublesome to find out whether or not the examine’s findings replicate real structural vulnerabilities or evolving insurance coverage practices that scale back payouts for growing older roofs. I’m suggesting, as a litigation property insurance coverage lawyer, that the methodology, whereas superior, leaves vital questions unanswered, significantly concerning affordability and the practicality of its suggestions.
Yaworsky’s remarks have sparked a mandatory dialogue about roofing resilience in Florida, however the FRSA urges warning towards sweeping business modifications with out cautious consideration. As an alternative of eliminating asphalt shingles, continued funding in analysis, coaching, and regulatory refinement can result in higher outcomes for owners, insurers, and the development business alike. The important thing lies not in banning shingles, however in making certain their correct utility and enchancment for Florida’s demanding local weather. As a really skeptical property insurance coverage lawyer litigating and arguing towards insurance coverage business lobbyists, I might problem the report’s findings whereas additionally applauding the decision for extra resilience.
Thought For The Day
“A lawyer’s obligation shouldn’t be solely to their shopper but in addition to the justice system, to fact, and to making sure equity prevails.”
—John Grisham
1 Ron Hurtibise, Asphalt Shingle Roofs Lose Wind Resistance After 10 Years, South Florida Solar-Sentinel, Feb. 4, 2025 (republished in Tampa Bay Occasions, Feb. 9, 2025). Obtainable on-line with subscription at https://www.sun-sentinel.com/2025/02/04/asphalt-shingle-roofs-begin-to-lose-wind-resistance-after-only-10-years-state-officials-say/ and https://www.tampabay.com/information/florida/2025/02/09/asphalt-shingle-roofs-florida/
2 Mike Silvers, It’s Time to Write Asphalt Shingles Out of the Plot in Florida’ Remark Causes a Firestorm, Florida Roofing and Sheet Metallic Contractors Affiliation (FRSA), Feb. 3, 2025.
3 2024 Residential Wind-Loss Mitigation Examine, Utilized Analysis Associates, June 28, 2024.
