Roofing Insurance Laws in Mississippi

Informational only — not legal advice. Laws and case precedent change, and outcomes depend on your specific policy language. Verify current law with your state Department of Insurance or a qualified attorney before relying on it.

Can insurers depreciate labor when calculating ACV?

Prohibited

Mississippi does not permit labor depreciation under a policy that uses "actual cash value" without defining it. The undefined term is ambiguous and construed against the carrier, so only materials may be depreciated. If your carrier's ACV estimate shows depreciation applied to labor line items on such a policy, that depreciation is not supportable.

Authority

Mitchell v. State Farm Fire & Casualty Co., 954 F.3d 700 (5th Cir. 2020), applying Mississippi law. State Farm depreciated both materials and labor; the Fifth Circuit held that because the policy did not define actual cash value, both readings were reasonable, the contract was ambiguous, and Mississippi construes ambiguity against the insurer. Labor therefore cannot be depreciated. The holding rests on contract construction, not a statutory bar. No Mississippi statute or Insurance Department regulation authorizes labor depreciation. A policy that expressly defines ACV to include depreciation of labor is outside the Mitchell rationale.

Mitchell v. State Farm Fire & Cas. Co., No. 18-60776 (5th Cir. 2020) — Justia · Mitchell v. State Farm (2020) — FindLaw full opinion · Mitchell v. State Farm — Fifth Circuit published opinion (PDF)

Must insurers replace undamaged materials so the repair matches?

Unsettled

Mississippi has no matching law. No statute, no Insurance Department regulation, and no controlling appellate case requires a carrier to replace undamaged shingles or siding so the repair matches. Whether you get a full slope or a full elevation turns on the policy's own replacement-quality wording, typically "like kind and quality" or "comparable material and quality," so argue matching from that language rather than from state authority.

Authority

Mississippi's insurance code addresses unfair trade practices generally at Miss. Code Ann. § 83-5-33 et seq.; none of it reaches claim-settlement matching or uniform appearance. The Mississippi Insurance Department never adopted the NAIC Unfair Claims Settlement Practices Model Regulation, which is the source of the uniform-appearance language in states that require matching. The Department's regulations and bulletins contain no property claim-settlement matching provision.

Mississippi Insurance Department — Regulations (official list; verified to contain no property claim-settlement or matching regulation) · Mississippi Insurance Department — Bulletins (no matching/uniform-appearance guidance issued)

Can a contractor pay or waive the homeowner's deductible?

Prohibited

Mississippi bans paying, rebating, or absorbing any part of a homeowner's insurance deductible, and bans advertising or offering to do it. The advertising is a separate violation, so a "no out-of-pocket" or "free roof" pitch is unlawful even if you never sign the job. Bill the carrier what you actually charge and collect the deductible from the homeowner.

You may

Bill the carrier the price you actually charge
Collect the full deductible from the homeowner
Offer a payment plan so the homeowner can pay the deductible over time
Refer the homeowner to third-party financing for their out-of-pocket share
Give a genuine, disclosed discount off your real price
Explain that the carrier pays proportionally less when your price drops

You may not

Pay, rebate, or absorb any part of the deductible
Promise or offer to cover the deductible to win the contract
Advertise "no out-of-pocket cost," "free roof," or "we waive your deductible"
Inflate the estimate to the carrier to bury the deductible
Bill the carrier a price you do not intend to collect from the homeowner
Credit the deductible back as a rebate, referral fee, or free upgrade after closing

Penalty: A violation is an unfair and deceptive act under the Mississippi Consumer Protection Law, carrying civil and criminal penalties and a consumer private right of action.

Authority

Miss. Code Ann. § 75-24-307(4)(b), part of the Insurance Benefits Roofing Repair Consumer Protection Act, §§ 75-24-301 to 75-24-311: a residential roofing contractor shall not advertise or otherwise promise or offer to pay, or pay, or rebate all or any portion of an insured's insurance deductible as an inducement to enter into the residential roofing contract. The Act was added and amended by 2024 H.B. 1408, effective July 1, 2024. Enforcement runs through § 75-24-311, which makes a violation an unfair and deceptive act or practice under the Mississippi Consumer Protection Law, § 75-24-1 et seq., with the penalties and remedies of §§ 75-24-19, 75-24-20, and 75-24-23 plus a consumer private right of action. The statute reaches paying, rebating, promising, offering, and advertising the deductible. It does not reach lending against it, so a payment plan or third-party financing that the homeowner actually repays stays lawful.

Miss. Code Ann. § 75-24-307 (deductible prohibition, subsec. (4)(b)) - FindLaw · Miss. Code Ann. § 75-24-311 (violations; unfair/deceptive act; civil & criminal penalties) - FindLaw · Miss. Code Ann. § 75-24-307 - Justia (state code reproduction) · 2024 HB 1408 amending the Act (LegiScan)

Can a contractor negotiate the homeowner's claim?

Prohibited

Mississippi bars a residential roofing contractor from representing or negotiating a homeowner's roof claim, and from offering or advertising to do it, before the insured files the claim. Once the claim is filed, negotiating for or effecting a settlement makes you an unlicensed public adjuster. You may always write your own estimate, submit it to the carrier, and defend your scope with the adjuster; you may not work the claim itself.

You may

Provide the insured an estimate for the roof work
Submit that estimate to the insured's insurance company
Confer with the carrier's representative about the damage
Discuss repair and replacement options with the adjuster or the insured
Write and support your own supplement and code line items
Attend the carrier's inspection at the homeowner's request

You may not

Represent or negotiate the homeowner's claim before it is filed
Offer or advertise to represent or negotiate the claim
Negotiate the settlement amount or coverage with the carrier
Advertise that you handle, file, or fight insurance claims
Pay or rebate any part of the deductible as an inducement
Accept or pay a referral fee for steering the homeowner to an attorney

Penalty: A roofing-act violation is an unfair and deceptive act under the Mississippi Consumer Protection Law with civil and criminal penalties and a consumer private right of action; unlicensed public adjusting is a misdemeanor punishable by a fine up to $1,000, up to one year in county jail, or both.

Authority

Miss. Code Ann. § 75-24-307(3), as amended by 2024 H.B. 1408, effective July 1, 2024: until the claim has been filed by the insured, a residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of a roof system. Savings clauses let the insured include the contractor in communications with the insurer about damages and estimated replacement cost at any point in the process, and exempt licensed public adjusters. Section 75-24-307(10) preserves the right to provide an estimate that may be submitted to the insured's insurance company, to confer with the insurer's representative about damage, and to discuss repair or replacement options. Deductible rebating is barred by § 75-24-307(4)(b) and attorney referral fees by § 75-24-307(4)(a). Penalties run through § 75-24-311. After filing, the public-adjuster licensing act controls. Section 83-17-501(e), as amended by 2025 H.B. 1174, defines a public adjuster as one who, for direct, indirect, or any other compensation or thing of value on behalf of the insured, negotiates for or effects settlement of a first-party property claim, advertises or holds out as a public adjuster, or solicits, investigates, or advises an insured about such claims. Section 83-17-503(1) prohibits acting as or holding out to be a public adjuster without a license from the commissioner; subsection (2) makes violation a misdemeanor with a fine up to $1,000 and up to one year in county jail.

2024 Miss. H.B. 1408 (As Sent to Governor) — enrolled text amending Miss. Code Ann. §§ 75-24-305, 75-24-307, 75-24-311 (Mississippi Legislature, primary) · 2025 Miss. H.B. 1174 (As Sent to Governor) — enrolled text amending Miss. Code Ann. § 83-17-501 (definition of "public adjuster") and § 83-17-511 (licensing) (Mississippi Legislature, primary) · Miss. Code Ann. § 75-24-307 (2025) — codified text, subsections (3), (4) and (10) · Miss. Code Ann. § 75-24-311 (2025) — penalties; violation is an unfair and deceptive act or practice · Miss. Code Ann. § 83-17-503 (2025) — Posing as public adjuster prohibited; misdemeanor, up to $1,000 fine and/or one year in county jail · Mississippi Insurance Department — Adjuster Licensing (public adjuster license type, exam and application)

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