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Sheet 09 · the statute

The claim stays yours

Missouri wrote a statute specifically about roofing contractors and insurance claims. Most homeowners here have never read it, and a good deal of local roofing advertising is written as though it does not exist.

This sheet exists because the boundary is worth understanding before a storm rather than during one. It is written in plain language, the citations are given so you can read the originals at revisor.mo.gov, and none of it is legal advice.

01

RSMo 407.725

The text, and what it means

The relevant subsection reads: a contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of real estate on any insurance claim in connection with the repair or replacement of roof systems.

That is the whole boundary in one sentence. A roofing contractor in Missouri may not act as your agent with your insurer, may not conduct the claim for you, and may not advertise that they will. RSMo 407.725 also separately bars a roofing contractor from advertising or promising to pay, waive, absorb or rebate any part of an insurance deductible. A violation is treated as an unfair practice under the Missouri Merchandising Practices Act.

May not
Act as your representative with your insurer, conduct or negotiate the claim on your behalf, or advertise that they will do either. The statute is explicit and it covers the advertising as well as the act.
May not
Advertise or promise to absorb, rebate or discount any part of your insurance deductible.
May
Inspect and photograph the roof, measure it, and produce a written scope of the work with a price.
May
Be present on site when your insurer's adjuster inspects, as the contractor, and answer technical questions about the roof and the scope.
May
Give you the documentation so that you can give it to your insurer yourself.

The practical effect is that the claim stays yours from beginning to end. You file it, you talk to your insurer, you decide what to accept. The contractor's job is to know the roof well enough that you are not doing that from a position of ignorance.

02

Why the rule exists

It is not bureaucratic

The pattern the statute was written against is familiar in this metro after a storm season. A canvasser knocks after a hail event, offers to run the claim, signs the homeowner onto a contingency agreement that binds them to the contractor for whatever the insurer eventually pays, and then the homeowner discovers they cannot get out of the agreement and cannot choose a different roofer.

That structure puts the party with a financial interest in the size of the payout in charge of describing the damage. Missouri decided that was a conflict worth legislating about.

What this means about anyone who offers

If a contractor in Missouri offers to run your claim, negotiate it, or fight your insurer for you, they are describing conduct the statute prohibits. That is a warning sign about the company, and it is a better warning sign than most because it is objective: you are not judging their workmanship, you are noticing that they have offered something they are not permitted to offer.

It is worth saying that some of them do not know. Ignorance of RSMo 407.725 is widespread in this trade. It is still a reason to keep looking.

03

Public adjusters

A different profession entirely

If you want somebody who is professionally on your side of a claim, that person exists and it is not a roofer. A public adjuster is a separately licensed profession in Missouri, regulated under RSMo chapter 325, and their job is to represent the policyholder in a claim.

Three things worth knowing. There is no statutory cap on what a public adjuster may charge, so the fee is a negotiation and you should have it in writing before you engage one. RSMo 325.055 bars a public adjuster from performing the repair work, which is deliberate: the same conflict the roofing statute addresses, addressed from the other direction. And a public adjuster is not free, so on a modest claim the arithmetic may not favour engaging one.

Whether you need one is your decision. The point of this section is only that the option exists and that the person who fills it is not your roofer.

04

Matching

The Missouri law that does not exist

This comes up on nearly every hail claim in this state and the internet has it wrong.

Missouri has no matching statute and no matching regulation for roofs. There is no state rule requiring an insurer to replace undamaged shingles so that a repair matches. The regulation people cite in this argument governs automobile body parts and has nothing to do with a roof, and the uniform appearance language that gets quoted alongside it is another state's rule, not Missouri's.

What Missouri has is case law and your policy. The case usually cited is Alessi v. Mid-Century Ins., 464 S.W.3d 529 (Mo. App. E.D. 2015). Beyond that, whether matching is owed turns on the wording of your own policy, which is why the honest answer to can they make my roof match is: read your policy, and if the wording is ambiguous that ambiguity is the argument.

Any Missouri roofing page that tells you the law requires matching is either careless or is repeating something it read on another roofing page. It is a useful test to run on any site giving you claim advice in this state.

05

Two deadlines worth knowing

Time limits

Two statutes about time are worth having in your head, because both cut against the assumption that a claim dispute has to be settled quickly.

The Missouri limitation period for an action on a written contract, which includes an insurance policy, is ten years under RSMo 516.110(1). And RSMo 431.030 makes a contractual clause that shortens the time to sue null and void. So a one year or two year suit limitation clause printed in a policy does not do in Missouri what it does in some other states.

That is not an invitation to sit on a problem, and a roof that is leaking should be dealt with now regardless of what any statute says about litigation. It is simply worth knowing that the pressure to decide something today is not usually coming from the law.

Related sheets: the hail record for what the storm data actually says, and who is actually on your roof for the door knocking pattern that follows a storm season.

Ask about your roof

Have the roof documented properly

Photographs, measurements and a written scope you keep and can hand to whoever you choose. The claim itself stays yours from beginning to end.

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