State laws

Storm Damage Contractor Laws by State: 16 Deductible Bans

As of October 2026, we confirmed 16 states that bar contractors from paying, waiving or rebating your insurance deductible, 13 that let you cancel a storm repair contract after your insurer denies the claim, and 14 that bar contractors from handling your claim.

Florida voids assignments of benefits on policies issued on or after January 1, 2023.

Updated October 11, 2026

What to do after storm damage

  1. Call your insurer first. The Colorado Division of Insurance tells homeowners to contact the insurer or agent "as soon as you can" to start the claim. Florida's CFO says not to sign anything before you call your insurance company.
  2. Photograph the damage once it is safe, before anything is moved or repaired.
  3. Stop further damage. Colorado's DOI lists tarps on roofs and boarded windows as temporary repairs. Have a roofer place the tarp; see emergency roof repair for what that costs.
  4. Get the contractor's license number and look it up in our roofing license by state table before you sign.
  5. Read before you sign. The Texas Department of Insurance says never sign a contract with blank spaces and never pay the entire bill up front.

Paying for a tarp or a repair yourself? Call the roof line. Filing a claim? Call your insurer first; the roof line does not handle insurance or storm claims.

Definition

Storm chaser laws are state statutes that limit what a contractor may do on insurance-paid storm repairs: pay or waive your deductible, handle or negotiate your claim, or hold you to a contract after your insurer says the damage is not covered.

Roof, electrical or water damage? Call the line for the job; each goes to a local company that takes that work.

What these laws mean for you

In the 16 states with a deductible ban, a roofer who offers to "eat" or cover your deductible is breaking the law, and you still owe it. Texas Insurance Code chapter 707 says the insured "shall pay any deductible," and lets an insurer hold back recoverable depreciation until you show proof that you paid it.

In the 13 states with a cancel-after-denial right, you can walk away from a signed storm repair contract if your insurer says the damage is not covered, as long as you send written notice inside the window. The clock usually starts when you get the insurer's written notice, and most windows count business days. South Carolina and West Virginia also bar the roofer from requiring payment until the window closes, except for emergency work you approved.

These laws matter because the federal Cooling-Off Rule often will not help. The FTC's 3-day right to cancel some in-home sales does not cover sales needed to meet an emergency or repairs you asked the seller to come out for.

A contractor can still inspect the roof, write an estimate and, in several states, talk to your adjuster about the damage with your permission. What it cannot do in the states marked below is act as your adjuster or negotiate the settlement. The Colorado Division of Insurance notes that public adjusters are licensed by the state, work for the consumer and often charge a percentage of the claim.

Red flags of storm chasers

  • Someone knocks after a storm and has already "noticed" your roof needs work. The Indiana Attorney General lists this first among its warning signs.
  • They just finished a neighbor's job and have leftover materials, or offer a lower price if you start today (Indiana AG).
  • They offer to pay, waive or rebate your deductible. The Texas Department of Insurance says that is illegal in Texas.
  • They say they will handle or negotiate your claim, or speak for you with your insurer.
  • They offer a "free inspection." The Georgia Attorney General warned in 2017 that some roofers used one to cause damage.
  • They want cash, or full payment before the work is done. Illinois regulators say not to pay cash and not to pay in full until the job is complete; Indiana's AG advises no more than one third down.

Storm chaser laws by state: the table

StateContractor cannot pay or waive your deductibleRight to cancel after a claim denialContractor cannot handle or negotiate your claimAssignment of benefits limitStatute (official text)
ArizonaYes: may not pay, promise to pay or rebate the deductibleYes: 72 hours after the insurer denies the claimYes: may not act as your adjuster or negotiate the claimA.R.S. 32-1158.02
FloridaYes: no deductible waiver, rebate, gift or cash for a roof inspection or claimDifferent rule: 10 days after signing a roof contract (or by the start date, if sooner) when signed within 180 days of a declared state of emergencyYes: may not interpret your policy or advise on coverage unless a licensed public adjusterYes: post-loss benefits cannot be assigned on policies issued on or after Jan 1, 2023Fla. Stat. 489.147
Fla. Stat. 627.7152(13)
GeorgiaYes: roofers may not pay your deductibleYes: roofers may not file claims for you unless a licensed public adjusterGeorgia Attorney General summary (2017)
IllinoisYes: may not advertise or promise to pay or rebate the deductibleYes: 5 business days after the insurer says the claim is not coveredYes: may not represent you on the claim or file it for you815 ILCS 513/18 (IDFPR summary)
IowaYes: may not advertise or promise to rebate the deductibleYes: may not represent or negotiate the claim for youIowa Code 103A.71
KentuckyYes: may not offer to pay or rebate the deductible or claim proceedsYes: 5 business days after the insurer says the claim is not coveredYes: may not represent or negotiate the claim for you (licensed public adjusters excepted)KRS 367.622
KRS 367.628 (2025 Ky. Acts ch. 15)
LouisianaYes: contractors may not advertise as claims specialists or offer claim or policy interpretation servicesR.S. 37:2159.1 (Act 144 of 2025)
MinnesotaYes: may not advertise or promise to pay any part of the deductibleYes: 72 hours after the insurer denies the claimYes: may not adjust the claim for you unless a licensed public adjusterMinn. Stat. 325E.66
Minn. Stat. 326B.811
MissouriYes: may not advertise or promise to pay or rebate the deductibleYes: 5 business days after the insurer says the claim is not coveredYes: may not represent or negotiate the claim for youRSMo 407.725
NebraskaYes: may not promise to rebate any part of the deductibleYes: 3 business days after signing or after the insurer says the claim is not covered, whichever is laterNeb. Rev. Stat. 44-8603
Neb. Rev. Stat. 44-8604
New YorkYes: may not advertise or promise to pay or rebate the deductibleYes: 3 business days after the insurer says the claim is not coveredYes: may not report, adjust or negotiate the claim for youN.Y. Gen. Bus. Law 771-B
North DakotaYes: may not promise to rebate any part of the deductibleYes: 5 business days after signing or after the insurer says the claim is not covered, whichever is laterN.D.C.C. 26.1-39.2
South CarolinaYes: may not advertise or promise to pay or rebate the deductibleYes: 5 business days after the insurer denies coverageYes: may not represent or negotiate the roof claim for youS.C. Code 40-59-25
South DakotaYes: may not advertise or promise to pay or rebate the deductibleYes: 72 hours after the insurer denies coverage in whole or partSDCL 37-24-50
SDCL 37-24-51
TennesseeYes: 3 business days after the insurer says there is no or partial coverageTenn. Code 62-6-602
TexasYes: may not waive, rebate or absorb the deductibleYes: may not act as a public adjuster on a job it does or may doTex. Bus. & Com. Code 27.02; Tex. Ins. Code 4102.163, per TDI
Tex. Ins. Code ch. 707
West VirginiaYes: may not offer to pay or rebate the deductible or claim proceedsYes: 5 business days after the insurer says the claim is not coveredYes: may not represent or negotiate the roof claim for youW. Va. Code 46A-6M-3
W. Va. Code 46A-6M-5
WisconsinYes: may not promise to pay or rebate the deductibleYes: 3 business days after the insurer's written denialYes: may not represent you on the claimWis. Stat. 100.65

A blank cell means we did not find a statewide statute as of October 2026; check with your state insurance department. 18 states, each checked against the legislature or a state agency page linked in the last column. Rules usually cover residential roof or exterior work paid from a property insurance claim; read the statute for the exact scope. This table summarizes state laws and is not legal advice.

Free to cite with a link to this page.

Know what the roof needs and paying for it yourself? Call the roof line and ask for the company's license number on the call.

Can a roofer waive my deductible?

No, not in the 16 states in the table with a deductible ban: Arizona, Florida, Georgia, Illinois, Iowa, Kentucky, Minnesota, Missouri, Nebraska, New York, North Dakota, South Carolina, South Dakota, Texas, West Virginia and Wisconsin. Several bans, such as South Carolina's and Nebraska's, also cover discounts, allowances, gifts and other payments that offset the deductible. In Florida, s. 489.147 bars offering a deductible waiver, cash or a gift in exchange for a roof inspection or for filing a claim.

Right to cancel a roofing contract after an insurance denial

13 states in the table give you a right to cancel after the insurer denies all or part of the claim. The window is 72 hours in Arizona, Minnesota and South Dakota; 3 business days in Nebraska, New York, Tennessee and Wisconsin; and 5 business days in Illinois, Kentucky, Missouri, North Dakota, South Carolina and West Virginia. Nebraska and North Dakota count from the later of signing or the denial notice. Florida's roof contract right is different: it runs from signing and applies after declared emergencies. Send the cancellation in writing to the address in the contract.

Can a contractor negotiate my insurance claim?

14 states in the table bar contractors from acting as your adjuster or negotiating the claim for you, or in Louisiana from advertising claim services: Arizona, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Minnesota, Missouri, New York, South Carolina, Texas, West Virginia and Wisconsin. Texas Insurance Code 4102.163 bars a contractor from acting as a public adjuster on a property where it does or may do the work. If you want help with a disputed claim, hire a public adjuster licensed by your state insurance department.

Assignment of benefits by state

Florida is the only state in the table with a statewide ban: under s. 627.7152(13), post-loss benefits under a residential or commercial property policy issued on or after January 1, 2023 cannot be assigned, and any attempt is void. In any state, read every form a contractor hands you. Do not sign an assignment of benefits or any document that hands your claim to a contractor. That matters most after water damage; our water damage restoration guide covers what to sign and what to skip.

How we built this table

We used the National Insurance Crime Bureau's August 2022 compendium of state roofing contractor laws and the NCOIL Storm Chaser Consumer Protection model act (readopted July 2025) to find candidate statutes. We then confirmed every row on the state legislature's site or a state agency page, and we left out states we could not confirm there. Colorado, Oklahoma, Indiana, Alabama, Arkansas, Mississippi, Utah and Wyoming appear in secondary trackers but are not in the table yet for that reason, so check with those states' insurance departments.

For costs, see roof repair, roof leak repair, roof replacement cost and the home repair cost table. These pages cover work you pay for yourself; the roof line does not handle insurance or storm claims.

Questions people ask

Can a roofer waive my deductible?

Not in 16 states we confirmed, including Texas, Florida, New York and Minnesota. The Colorado Division of Insurance reminds homeowners that they are responsible for paying the deductible, and Texas lets insurers ask for proof you paid it.

Can I cancel a roofing contract if insurance denies my claim?

In 13 states, yes, if you send written notice within the window: 72 hours in states such as Arizona and Minnesota, 3 to 5 business days in others. Check the table for your state.

Can a roofer negotiate my insurance claim for me?

No in 14 states, including Texas, Florida and Georgia. A contractor can usually write an estimate and talk to the adjuster about the damage with your permission; for help negotiating, hire a public adjuster licensed by your state.

Is assignment of benefits still allowed in Florida?

Not on residential or commercial property policies issued on or after January 1, 2023. Florida Statutes 627.7152(13) makes any attempt to assign post-loss benefits under those policies void.

How do I spot a storm chaser?

Watch for a knock right after a storm, a same-day discount, leftover materials from a neighbor's job, an offer to cover your deductible, or a demand for cash or full payment up front. Ask for the license number and look it up.

What should I do first after storm damage?

Call your insurer or agent, photograph the damage when it is safe, and have temporary repairs like a roof tarp done to stop more damage. Do not sign a contractor's contract before you talk to your insurer.

Paying for the roof work yourself? Call the roof line. Filing a storm claim? Call your insurer first.

  1. 1Call the line
  2. 2It rings a local company
  3. 3They give you the price

Sources (11)

  1. Roofing and insurance: Know the law (Texas Department of Insurance) (checked 2026-10-11)
  2. Texas Insurance Code Chapter 707 (checked 2026-10-11)
  3. Florida Statutes 489.147: Prohibited property insurance practices (checked 2026-10-11)
  4. Florida Statutes 627.7152: Assignment agreements (checked 2026-10-11)
  5. Hiring a Roofer (Illinois Department of Financial and Professional Regulation) (2023-07)
  6. Storm Chasers (Indiana Attorney General) (checked 2026-10-11)
  7. Ask Consumer Ed: Beware of roofers scamming storm victims (Georgia Attorney General) (2017-01-23)
  8. Consumer Advisory: Division of Insurance Shares Tips After Hailstorm Batters Metro Denver (Colorado DOI) (2024-05-31)
  9. Buyer's Remorse: The FTC's Cooling-Off Rule May Help (FTC) (2025-12-09)
  10. State Roofing Contractor Laws Compendium (National Insurance Crime Bureau) (2022-08)
  11. Storm Chaser Consumer Protection Model Act (NCOIL) (2025-07)
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