Material Matching in Colorado: Bertisen v. Travelers

Matching coverage is a type of coverage available under most policies that ensures when a claim is filed for a damaged roof, siding or windows – the surrounding undamaged roof, siding, or windows will be replaced with materials that match and maintain a reasonably uniform appearance, if needed. Many states have rules requiring that policies cover “matching.”  While Colorado is not one of those, courts have often construed policies that provide coverage with like kind or quality materials as also providing coverage for “matching.” The last challenge on this issue occurred in 2017 when a Colorado district court found that an insurance policy that promised repairs “of comparable material and quality” must cover the cost of obtaining reasonable matching to create “a reasonably uniform appearance.”

Bertisen recently revisited the issue as it applies to hail damage to tile roofing. In Bertisen, despite an appraisal award for full replacement of a tile roof, Travelers Insurance denied coverage for the roof replacement stating that there were available “salvage” roof tiles on the market for the individually hail damaged roofing tiles. The issue was whether the policy covered undamaged roofing tiles that needed replacement to maintain the roof’s matching appearance. The Bertisen Court found that the policy did not unambiguously exclude matching coverage as the insurance company argued, but rather that coverage for “like kind and quality” required “restoration of appearance, function, and value,” including matching.

In light of this decision, an insured should be careful to retain counsel that is knowledgeable on the issue.  Most policies do provide matching coverage if you know how to argue it.  If your insurance company is denying coverage for matching materials, call us today for a free consultation.