Roofing Insurance Laws in Ohio

Authority

Perry v. Allstate Indem. Co., 953 F.3d 417 (6th Cir. 2020), applying Ohio law, holds that Allstate may not include the cost of labor in calculating depreciation under a policy that leaves "depreciation" undefined. Ohio Admin. Code 3901-1-54 defines actual cash value as replacement cost less depreciation and says nothing about labor. The Ohio Supreme Court has not decided the question, so Perry is the controlling authority in federal court and persuasive in state court.

Perry v. Allstate Indemnity Co., No. 18-4267 — official Sixth Circuit opinion (uscourts.gov) · Ohio Administrative Code Rule 3901-1-54 (ACV definition) — codes.ohio.gov

Authority

Ohio Admin. Code 3901-1-54(I)(1)(b), the unfair property and casualty claims settlement practices rule promulgated under R.C. 3901.041 and 3901.19 to 3901.26, requires that the insurer "shall replace as much of the item as to result in a reasonably comparable appearance." The rule applies to roofing and siding alike. Wright v. State Farm Fire & Cas. Co., 555 F. App'x 575 (6th Cir. 2014), sets the proof burden. The insured must produce evidence beyond opinion that the proposed repair would not achieve a reasonably comparable appearance; the court refused to read the rule as a blanket rule forcing full replacement of every damaged roof. Document the mismatch with photos, discontinued-product records, and comparison samples.

Ohio Admin. Code Rule 3901-1-54 (official codes.ohio.gov) — subsection (I)(1)(b) verified verbatim · Wright v. State Farm Fire & Cas. Co., No. 13-3727 (6th Cir. Feb. 18, 2014) (full opinion)

Authority

R.C. Chapter 4722, the Home Construction Service Suppliers Act, contains no deductible provision. R.C. 3901.21, the unfair and deceptive acts statute that carries Ohio's anti-rebating rule, binds only an insurer, producer, or representative of either, and contains no deductible language. No provision reaches a roofing contractor's handling of a deductible as such. Two general authorities do reach the conduct. R.C. 2913.47 makes it insurance fraud to present a false or deceptive claim to an insurer, which is what a billed-but-uncollected deductible produces. R.C. 1345.02 of the Consumer Sales Practices Act reaches deceptive "free roof" or "no cost" advertising as an unfair or deceptive act.

Ohio Rev. Code 3901.21 — Unfair and deceptive acts/practices in the business of insurance (anti-rebating applies to insurers/producers only; no deductible language) · Ohio Rev. Code Chapter 4722 — Home Construction Service Suppliers Act (no deductible provision) · Ohio Rev. Code 2913.47 — Insurance fraud (general; false/deceptive claim to an insurer) · Ohio Rev. Code 1345.02 — Consumer Sales Practices Act, unfair or deceptive acts

Authority

R.C. 3951.01 defines a public insurance adjuster as anyone who, for compensation, acts on behalf of or aids an insured in negotiating for or effecting the settlement of a property claim, and reaches those who advertise or hold themselves out as adjusters or who investigate or advise regarding such claims for compensation. The exceptions cover only attorneys, insurer employees, insurer-maintained adjustment bureaus, agents adjusting losses under policies written through their own agency, and independent adjusters representing insurers. R.C. 3951.02 bars acting as a public insurance adjuster, or receiving compensation directly or indirectly for adjusting such claims, without a certificate of authority. Penalties are at R.C. 3951.99(A), a fine of not less than one hundred nor more than five hundred dollars for each loss adjusted without a certificate; § 3951.99(B) preserves the superintendent's authority under § 3951.07. Licensing is not a workaround. Ohio Adm. Code 3901-1-24(C)(1) forbids a public insurance adjuster from engaging for compensation in the business of repairing, remodeling, or replacing damaged property, or holding any direct or indirect interest in a firm that does. Pick one role per claim. R.C. Chapter 4722 and the prohibited acts at § 4722.03 say nothing about insurance claims, negotiation, assignment of benefits, or power of attorney; Ohio regulates this through the public-adjuster definition alone.

Ohio Rev. Code § 3951.01 — Public insurance adjuster definition and exceptions (codes.ohio.gov) · Ohio Rev. Code § 3951.02 — Certificate of authority required to act as public insurance adjuster (codes.ohio.gov) · Ohio Rev. Code § 3951.99 — Penalty: $100–$500 per loss adjusted without a certificate (codes.ohio.gov) · Ohio Adm. Code 3901-1-24(C)(1) — Public adjuster may not perform or hold an interest in repair work (codes.ohio.gov) · Ohio Rev. Code § 4722.03 — Home construction service suppliers, prohibited acts (no insurance-claim provision) (codes.ohio.gov)