Whetstone Legal, LLC

Ohio Law

Claims Guidelines

Here in Ohio, the Unfair property/casualty claims settlement practices act spells out what insurers must do in the adjustment of claims. For instance, under a replacement cost policy: “(a) When a loss requires replacement of an item or part, any consequential physical damages incurred in making such repair or replacement not otherwise excluded by the policy, shall be included in the loss. (b) When an interior or exterior loss requires replacement of an item and the replaced item does not match the quality, color or size of the item suffering the loss, the insurer shall replace as much of the item as to result in a reasonably comparable appearance.”

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Ohio Law

Unauthorized Public Adjusting

Here in Ohio, only public adjusters or attorneys may adjust claims on behalf of policyholders. “’Public insurance adjuster’" means any person, firm, association, partnership, or corporation who, for compensation, acts on behalf of or aids in any manner, an insurer or insured or another in negotiating for, or effecting the settlement of a claim or claims for loss or damage under any policy of insurance covering real or personal property, and any person, firm, association, partnership, or corporation who advertises, solicits business, or holds itself out to the public as an adjuster of such insurance claims, and any person who for compensation investigates, settles, adjusts, advises, or assists an insurer or insured with reference to claims for such losses, on behalf of any such public insurance adjuster.”

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Ohio Law

Ohio Roofing Code

Ohio roofers are required to follow both the Roofing Code and the manufacturer’s specifications. This often causes issues when adjusters either inadvertently leave Code items off their estimates or flat out refuse to pay for them in the supplement process. The code can be helpful in resolving estimating differences. For instance, there are often disputes over whether metal components should be replaced, even if they’re not storm damaged. The Code answers this in 908.5, reinstallation of materials, when it states “[a]ny existing flashings, edgings, outlets, vents or similar devices that are a part of the assembly shall be replaced where rusted, damaged or deteriorated.” There are also issues about whether the code is actually enforced in each particular jurisdiction. Quality roofers will follow the code, regardless, understanding that “[t]he provisions of this chapter govern the design, materials, construction and quality of roof assemblies under the Residential Code of Ohio.”

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