Florida’s Insurance coverage Commissioner, Mike Yaworsky, just isn’t solely going to listen to from property harm attorneys about oversight of insurance coverage corporations, however he additionally definitely has the eye of Florida’s roofing trade after suggesting a ban on asphalt shingles. An article written by Ron Hurtibise and republished within the Tampa Bay Instances, “Asphalt Shingle Roofs Lose Wind Resistance After 10 Years,” 1 said:
Insurance coverage Commissioner Michael Yaworsky expanded on the subject of asphalt shingle roofs that he first raised late final yr when he stated that they don’t final for 30 years within the state as some producers declare.
‘Possibly it’s time to start out writing them out of the plot in Florida,’ Yaworsky instructed 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 assessments by the Insurance coverage Institute for Enterprise & Dwelling Security and different organizations — discovered that the common 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 could should be manufactured from steel sooner or later if insurers are to proceed to put in writing insurance coverage in Florida. Whereas lowering the severity of property harm is essential, the idea of getting rid of asphalt shingle roofs is novel and could be met with a response from the roofing trade.
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 aspect of the insurance coverage trade foyer many occasions as an skilled property harm lawyer attempting to advocate for policyholders. Silvers is clearly in the identical seat representing the roofing contractor aspect of the difficulty when he wrote about Yaworsky:
If these feedback have been meant to convey 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 info with our members and the general public. We construct consensus by conferences and discussions with all segments of our trade. We, with our management’s approval, then go about implementing adjustments by participation within the Florida Constructing Code (FBC) modification course of. We additionally work together intently with legislators and regulators on points that might have an effect on our commerce. The remarks made by such an essential participant within the property insurance coverage enviornment have our consideration….
I just lately addressed the Asphalt Roofing Producers Affiliation (ARMA) at their Board of Administrators assembly in Indianapolis and made a presentation titled Put up-Hurricane Perceptions Matter. My aim was to convey them a Florida perspective and to strengthen ARMA’s curiosity in bettering 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 are going to proceed to work collectively by constructing code adjustments to enhance supplies, testing and utility strategies. ARMA is presently 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 subject may go a protracted solution to lowering these failures. It is very important word that the majority 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. Possibly he ought to have thought of being a property harm lawyer as a result of he persuasively argues that outright elimination of asphalt roofing shingles from the market could be misguided. As an alternative of eliminating shingles, the FRSA emphasizes ongoing enhancements in roofing supplies, set up methods, and constructing code enhancements to make sure higher resilience. The group exhibits its dedication to creating Florida’s buildings extra resilient by working intently with asphalt roof producers, Florida’s legislators, and regulators to implement mandatory modifications by the Florida Constructing Code (FBC) course of.
Silvers highlights a number of important components in selecting 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 decisions. The supposed use of a constructing, whether or not as a main residence, funding property, or condominium, impacts long-term roofing choices. Price concerns and insurance coverage implications additionally weigh closely, notably as insurers push for untimely roof replacements, complicating monetary choices 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 moderately than inherent materials failure. Correct nail placement is essential for wind resistance, but errors in pneumatic nail gun utilization can weaken shingle integrity. Put up-hurricane assessments typically fail to tell apart between useful failures, equivalent to leaks and structural compromise, and beauty harm. Moreover, constructing code limitations permit shingles to be put in by contractors who usually are not licensed roofing professionals, rising the chance of improper utility.
As an skilled and skeptical property harm lawyer, I discover the Residential Wind-Loss Mitigation Examine 3 performed for the Florida Workplace of Insurance coverage Regulation to be a complete evaluation of windstorm loss mitigation. Nevertheless, a number of points of its methodology and conclusions warrant scrutiny. The research locations a major emphasis on the vulnerability of asphalt shingle roofs, suggesting that their hurricane resistance diminishes after ten years. Whereas there’s advantage 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 information on upkeep practices, set up methods, and materials variations, the assertion that asphalt shingles universally lose their effectiveness inside a decade seems overly broad.
The research’s sturdy concentrate on different roofing supplies, notably steel roofs, raises questions on potential biases. Whereas steel and tile roofs do supply better sturdiness, the report doesn’t adequately think about the financial burden of transitioning owners away from asphalt shingles. Any property harm lawyer value his salt would spotlight that the preliminary price of those supplies may be considerably larger, and plenty of policyholders could battle to afford such upgrades. The research doesn’t discover coverage options equivalent to phased implementation, monetary help applications, or incentives that might make resilience extra accessible.
One other space of concern is the reliance on local weather projections utilizing the RCP 6.0 situation, which assumes a reasonable emissions pathway for future hurricane exercise. Whereas it’s prudent to consider local weather change, the research 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, the usage of insurance coverage loss information 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 research’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 essential questions unanswered, notably 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 in opposition to sweeping trade adjustments 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 trade 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 in opposition to insurance coverage trade lobbyists, I’d problem the report’s findings whereas additionally applauding the decision for extra resilience.
Thought For The Day
“A lawyer’s responsibility just isn’t solely to their consumer but additionally to the justice system, to reality, 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 Instances, 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.