Texas homeowner’s insurance canceled for roof debris: Homeowner's rights when buying insurance

Houston - A Lake Jackson family says their homeowner's insurance was canceled right after they bought it, simply because some leaves were on the roof.

They're concerned it could be part of a growing trend of insurance companies scaling back to limit their risks in disaster-prone states.  

"We designed everything ourselves," said 79-year-old Camie Johnson told us about her house.

Johnson has lived in her Lake Jackson home for 40 years, along with her collection of ceramic frogs.

"All the frogs have a story about where they came from," she told us.

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The back of her home was damaged in a severe storm on May 13th.

"She had over $100,000 in damage, taking out this entire side of the house," her son Chuck Andrews said, pointing out the newly repaired back half of the house.

Andrews says her previous insurance policy covered the repairs and a brand-new roof.  

Then, he says, about a month ago, they bought a new homeowner's insurance policy from a different company, Allstate.  But he says at first the policy was incorrect.

"It says my mom’s roof is 9-years-old.  It’s only 66 days old," said Andrews.

After having that corrected, Andrews says Allstate then sent his mother a notice of cancelation and a photo of the front part of the roof, saying "the roof has debris built up over time," and "one or more of the trees ... was touching the dwelling."

But Andrews says the Crape Myrtle in the front yard has never touched the home, plus they had several other trees in the yard trimmed or removed after the storm.

The debris, Andrews says, was simply some leaves from the Crape Myrtle on the new roof.

"This incredible scrutiny, which is again crazy and ludicrous, if you have a leaf on your roof, we’re not going to write your policy, or in my mom’s case, we’re canceling your policy," said Andrews.

Ben Gonzalez of the Texas Department of Insurance says that insurers can cancel new policies, change premiums, or ask for risks to be mitigated within the first 60 days of writing the policy.  Johnson's cancelation came within the first 60 days.

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"They can come out and do inspections, look at your roof and your appliances and things like that, and make adjustments at that point," explained Ben Gonzalez of TDI.

Gonzalez says TDI doesn't hear about very many cancelations, but says that complaints about non-renewals have been steadily rising from 16 in 2020 to 56 so far in 2024.  Although Gonzalez says insurers have the right to decide not to write or renew a policy.

"If a company tells you they’re not renewing your policy, they have to give you some notice. They have to give you 60 days notice.  They have to tell you why, if you ask for a written explanation," said Gonzalez.

Back at Camie Johnson's house, Andrews said, "If we blow those very dangerous and high-risk leaves off the roof, they say they will re-write the policy."

Allstate did rewrite the policy, and sent us a statement reading, "We’re in touch with the customer and the issue has been resolved.  Allstate continues to offer new homeowner insurance options to consumers in the state of Texas."

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Andrews hopes telling his story will help to turn over a new leaf.

"My intent is to inform Texas homeowners that they have rights. And I’m calling on the Texas legislature to start changing some of these rules," said Andrews.

Andrews filed a complaint with TDI, which he says helped resolve the problem.

Gonzales says TDI can help resolve disputes between insurers and their customers.  Customers with an issue or a question can call TDI for help at (800) 252-3439.

Homeowners in disputes over claims or policies can also hire a public adjuster or an attorney.