The Roofing Brief Research Desk. Roof insurance claims are one of the most litigated categories in U.S. property insurance, and the litigation is not spread evenly. A handful of states, led by Florida, have historically produced the large majority of the nation’s homeowners insurance lawsuits, and roof claims sit at the center of that fight because they are frequent, high-value, and easy to dispute over scope and price. This report maps roof and property claim litigation by state using government and regulatory data, tracks the assignment-of-benefits (AOB) mechanism that drove Florida’s lawsuit surge, and measures the effect of the 2019 to 2023 reforms. Every statistic below is sourced to a named regulator, court record, or institutional dataset.
Executive Summary
- In 2020, Florida accounted for about 9% of U.S. homeowners insurance claims but 79% of the nation’s homeowners insurance lawsuits, a ratio the Florida Office of Insurance Regulation compiled from National Association of Insurance Commissioners (NAIC) and carrier data.
- Florida’s share of nationwide homeowners lawsuits has been the single defining feature of U.S. property litigation for a decade, sitting at 64.4% in 2016 and peaking near 79.9% in 2018 (NAIC data reported by Florida OIR).
- After reforms passed in 2019, 2021, 2022, and 2023, Florida’s share of nationwide homeowners lawsuits fell to 41% in 2025, and its share of national claims fell to about 5%, per the Florida OIR Property Insurance Stability Report published July 2026.
- Assignment-of-benefits litigation was the engine. Property AOB lawsuits in Florida rose from 405 in 2006 to 28,200 in 2016 (Florida Department of Financial Services), and broader AOB suit counts reached roughly 135,000 in 2018 (Insurance Information Institute).
- Texas is the second major roof-litigation state, driven by hail. More than half of the roughly 21,000 hailstorm suits filed in Texas from 2012 to 2015 were filed in a single county, Hidalgo, before House Bill 1774 took effect in September 2017 (Texas Department of Insurance and county records).
- Louisiana is the emerging pressure point after the 2020 to 2021 hurricanes (Laura, Delta, Ida), which produced a lawsuit spike that prompted 2023 to 2024 legislative changes to claim-handling and proof-of-loss rules (Louisiana Department of Insurance).
- Even after Florida’s decline, the disproportion persists. In 2025 the state still produced roughly 8 times more lawsuits than its share of claims would predict, an original Roofing Brief calculation from OIR data.
Key Findings
- Florida produced 79% of U.S. homeowners lawsuits on ~9% of claims (2020). The Florida OIR compiled this ratio from NAIC and carrier reporting. It is the most-cited single figure in the property-litigation debate. Source: Florida Office of Insurance Regulation, citing NAIC data, 2020.
- Florida’s lawsuit share rose steadily through the 2010s: 64.4% (2016), 68% (2017), 79.9% (2018), 76.4% (2019). Source: NAIC data reported by Florida OIR via Insurance Journal, April 2021.
- The share held high into the crisis years: 79.16% (2020), 76.00% (2021), 70.83% (2022). The 2022 figure was the lowest since 2017. Source: Florida OIR Property Insurance Stability Report, January 2024.
- By 2025 Florida’s share of nationwide homeowners lawsuits fell to 41%. Source: Florida OIR Property Insurance Stability Report, July 2026.
- Florida’s share of national claims moved with hurricane activity: 8.81% (2020), 6.91% (2021), 14.93% (2022, the Hurricane Ian year), then about 5% (2025). Sources: Florida OIR Property Insurance Stability Reports, January 2024 and July 2026.
- In 2019, nearly 28% of Florida claims closed without payment were met with a lawsuit, about eight times the 3.4% rate in Connecticut, the next-highest state. Source: NAIC 2019 data reported via Insurance Journal, April 2021.
- Florida property AOB lawsuits rose from 405 in 2006 to 28,200 in 2016. Source: Florida Department of Financial Services, via Florida OIR Assignment of Benefits Resources.
- Broader AOB suit counts reached roughly 135,000 by late 2018, up from about 1,300 in 2000. These counts include categories beyond property roof claims, such as auto glass and water mitigation. Source: Insurance Information Institute, December 2018.
- Reformed attorney fees in Florida AOB cases reached five to six times the underlying claim amount before the 2022 to 2023 changes. Source: former Florida Deputy Insurance Commissioner Lisa Miller, cited by Insurance Journal, July 2026.
- Florida’s homeowners insurers swung from about $1.5 billion in net underwriting losses in 2020 to more than $1.7 billion in gains in 2025. Source: Florida OIR Property Insurance Stability Report, July 2026.
- Texas House Bill 1774 took effect September 1, 2017, adding a pre-suit notice requirement and reducing the statutory interest penalty on delayed weather claims. Source: Texas Legislature, HB 1774 (2017).
- Before 2012, only about 1 in 1,000 Texas property claims resulted in a lawsuit. Source: Texas Department of Insurance, weather-related property claims report, 2017.
- Roughly 21,000 hailstorm lawsuits were filed in Texas from 2012 to 2015, and more than half came from Hidalgo County alone. Hidalgo recorded 5,740 to 6,700 suits after the 2012 storms, rising to about 11,000 in the Rio Grande Valley by April 2016. Sources: Hidalgo County Clerk records and Rio Grande Valley Citizens Against Lawsuit Abuse, via Insurance Journal, 2015 and 2016.
- Louisiana added 17 new homeowners insurers to its market from 2024 onward after post-Ida litigation and insolvencies thinned the market. Source: Louisiana Department of Insurance, 2024.
- Louisiana’s Fortify Homes roof-grant program received $80 million for 2026, offering up to $10,000 per roof and premium discounts of 16% to 49% from January 2027. Source: Louisiana Department of Insurance, 2026.
How Florida Became the Roof-Litigation Epicenter
Florida’s dominance of U.S. property litigation is not a rounding artifact. It is a structural feature that held for more than a decade. NAIC data compiled by the Florida OIR shows the state’s share of nationwide homeowners lawsuits climbing from 64.4% in 2016 to 68% in 2017, then to a peak near 79.9% in 2018 before settling at 76.4% in 2019. Through the crisis years the share stayed above 70%, at 79.16% in 2020, 76.00% in 2021, and 70.83% in 2022.
The disproportion is clearest when litigation is set against claim volume. Florida homeowners filed only about 8% to 9% of the country’s homeowners claims in those years, yet generated roughly three quarters or more of the lawsuits. In 2019 alone, nearly 28% of Florida claims that closed without payment drew a lawsuit, against 3.4% in Connecticut, the next-highest state. Roof claims are central to this pattern because they are the most common severe-weather property claim, they carry high replacement values, and they are easy to dispute over scope, materials, and matching.
The AOB Mechanism and Its Lawsuit Trail
Assignment of benefits let a homeowner sign over the insurance claim to a contractor or restoration firm, which then billed and, if unpaid, sued the insurer directly. Combined with a one-way attorney-fee statute that made insurers pay the claimant’s legal fees when the claimant prevailed, AOB created a strong incentive to litigate roof and water claims rather than settle them.
The lawsuit trail is documented. The Florida Department of Financial Services recorded 405 property AOB lawsuits in 2006 and 28,200 by 2016. The Insurance Information Institute counted roughly 1,300 AOB suits statewide in 2000 and nearly 135,000 by late 2018, a figure that spans property, auto-glass, and water categories. The two counts differ in scope, so they should not be compared directly, but both show the same steep escalation. Florida Statutes section 627.7152(12) later required formal AOB claims-data collection, with the first report due January 30, 2022.
The Reform Timeline and the Measured Decline
Florida passed property-litigation reforms in waves: HB 7065 (2019) tightening AOB rules, SB 76 (2021) shortening claim deadlines, SB 2-D (May 2022) and SB 2-A (December 2022) eliminating AOB for property insurance and repealing one-way attorney fees, and HB 837 (March 2023) broad tort reform. The measured effect appears in the OIR data. The lawsuit share fell from 79.16% in 2020 to 70.83% in 2022 and to 41% in 2025. Over the same window, Florida’s homeowners insurers moved from roughly $1.5 billion in net underwriting losses in 2020 to more than $1.7 billion in gains in 2025, and at least 20 new carriers entered the market.
Texas: The Hail-Belt Litigation Story
Texas is the second major roof-litigation state, and its driver is hail rather than hurricanes or AOB. The Texas Department of Insurance reported that before 2012, only about 1 in 1,000 property claims resulted in a lawsuit. That changed sharply after a series of 2012 hailstorms. Roughly 21,000 hailstorm suits were filed statewide from 2012 to 2015, and more than half came from Hidalgo County in the Rio Grande Valley. County records put Hidalgo suits at 5,740 to 6,700 after the 2012 storms, climbing to about 11,000 across the Valley by April 2016. TDI found that 27% of claims from the 2012 Hidalgo hail event involved a public adjuster or attorney rather than the insurer’s own adjuster.
The legislative response was House Bill 1774, effective September 1, 2017, days after Hurricane Harvey. It required written pre-suit notice before a weather-claim lawsuit and reduced the statutory interest penalty on delayed claims, and it barred attorney-fee awards when a required pre-suit notice was not provided. Its scope was broadened during drafting from hail alone to earthquake, wildfire, flood, tornado, lightning, hurricane, wind, and other weather events.
Louisiana: Post-Storm Litigation Pressure
Louisiana is the newest pressure point. The 2020 and 2021 hurricanes (Laura, Delta, and Ida) produced a spike in property-claim lawsuits and pushed several insurers into insolvency, thinning the market. The Louisiana Department of Insurance and the state legislature responded with 2023 to 2024 changes clarifying what counts as satisfactory proof of loss, the trigger that starts payment deadlines, and adjusting claim-handling rules. Seventeen new homeowners insurers entered the market from 2024 onward. Louisiana has also leaned on mitigation: the Fortify Homes program received $80 million for 2026, offering grants of up to $10,000 for IBHS-standard roof upgrades and premium discounts of 16% to 49% beginning January 1, 2027.
State Litigation Risk Map
The table below ranks the three states with the clearest documented roof and property claim litigation history. Risk tiers are a Roofing Brief classification built from the verified indicators in each row, not a published index.
| State | Primary driver | Peak documented litigation indicator | Key reform | Roofing Brief risk tier (2026) |
|---|---|---|---|---|
| Florida | AOB and one-way attorney fees | 79% of U.S. homeowners lawsuits on ~9% of claims (2020) | SB 2-A (2022), HB 837 (2023) | Extreme, declining |
| Texas | Hail claims, public-adjuster and attorney involvement | ~21,000 hail suits 2012 to 2015, over half in Hidalgo County | HB 1774 (2017) | High, concentrated |
| Louisiana | Post-hurricane claim disputes, insolvencies | Post-Ida lawsuit spike; 17 new insurers since 2024 | 2023 to 2024 proof-of-loss reforms | Elevated, emerging |
Florida Lawsuit Share by Year
| Year | Florida share of U.S. homeowners lawsuits | Florida share of U.S. homeowners claims | Source |
|---|---|---|---|
| 2016 | 64.4% | Not stated | NAIC via Florida OIR |
| 2017 | 68% | Not stated | NAIC via Florida OIR |
| 2018 | 79.9% | Not stated | NAIC via Florida OIR |
| 2019 | 76.4% | ~8% | NAIC via Florida OIR |
| 2020 | 79.16% | 8.81% | Florida OIR Stability Report (Jan 2024) |
| 2021 | 76.00% | 6.91% | Florida OIR Stability Report (Jan 2024) |
| 2022 | 70.83% | 14.93% | Florida OIR Stability Report (Jan 2024) |
| 2025 | 41% | ~5% | Florida OIR Stability Report (Jul 2026) |
Florida AOB Lawsuit Growth
| Year | AOB lawsuit count | Scope | Source |
|---|---|---|---|
| 2000 | ~1,300 | All AOB categories | Insurance Information Institute (2018) |
| 2006 | 405 | Property AOB | Florida DFS via OIR |
| 2016 | 28,200 | Property AOB | Florida DFS via OIR |
| 2018 | ~135,000 | All AOB categories | Insurance Information Institute (2018) |
The 2006 to 2016 property-only series and the 2000 to 2018 all-category series come from different reporting bodies and count different things. They are shown separately and should not be read as one continuous line.
Original Synthesis (Roofing Brief Calculations)
The following figures are derived by The Roofing Brief from the cited public data. They are original calculations, not published statistics.
1. Litigation Disproportion Ratio
Roofing Brief calculation. Dividing Florida’s lawsuit share by its claim share measures how far litigation runs ahead of underlying claim volume. In 2020, 79.16% of lawsuits against 8.81% of claims yields a ratio of about 9.0. In 2025, 41% of lawsuits against about 5% of claims yields a ratio of about 8.2. Inputs: Florida OIR Property Insurance Stability Reports (January 2024 and July 2026). Limitation: claim shares move with hurricane timing, so single-year ratios are volatile; the persistence of a roughly 8-to-1 ratio across five years is the durable signal.
2. Reform-Era Lawsuit-Share Reduction
Roofing Brief calculation. Florida’s share of nationwide homeowners lawsuits fell from 79.16% in 2020 to 41% in 2025, a drop of 38.16 percentage points, or a 48% relative reduction. Inputs: Florida OIR Property Insurance Stability Reports (January 2024 and July 2026). Limitation: the decline reflects both reform and a national rise in litigation elsewhere; the OIR attributes the shift primarily to the 2022 and 2023 reforms.
3. Florida Property AOB Lawsuit Growth Rate (2006 to 2016)
Roofing Brief calculation. Property AOB lawsuits rising from 405 in 2006 to 28,200 in 2016 imply a compound annual growth rate of about 53%. Formula: (28,200 / 405) raised to the power of 1/10, minus 1. Input: Florida DFS via Florida OIR. Limitation: the figure covers property AOB suits only and predates the 2019 to 2022 reforms that later curtailed AOB.
4. Hail-Litigation Concentration in Hidalgo County
Roofing Brief calculation. With more than half of roughly 21,000 Texas hail suits from 2012 to 2015 filed in Hidalgo County, a single county of about 0.86 million residents produced more hail litigation than the rest of Texas combined. Inputs: Texas Department of Insurance and Hidalgo County records via Insurance Journal (2015, 2016, 2017). Limitation: county suit counts come from clerk records and advocacy tallies with slightly different date cutoffs, so the roughly 50% share is an approximation.
Chart Recommendations
- Florida lawsuit share vs claim share, 2016 to 2025. Data: OIR annual shares. Source: Florida OIR. Insight: the widening then narrowing gap between litigation and claims. Citation-worthy because it visualizes the single most-cited property-litigation statistic over time.
- Florida property AOB lawsuits, 2006 to 2016. Data: DFS annual counts. Source: Florida DFS. Insight: the exponential pre-reform climb. Citation-worthy as the clearest picture of the AOB mechanism.
- Texas hail suits by county, 2012 to 2015. Data: county clerk filings. Source: TDI and county records. Insight: Hidalgo County’s outlier concentration. Citation-worthy for showing that litigation risk is local, not statewide.
- State litigation risk tiers map. Data: the risk-tier table above. Source: Roofing Brief classification of verified indicators. Insight: where roof-claim litigation risk concentrates in 2026.
Methodology
Sources were selected in this order of preference: state insurance regulators (Florida OIR, Louisiana Department of Insurance, Texas Department of Insurance), the NAIC, court and county-clerk records, statutes, and institutional research (Insurance Information Institute). Where a regulator cited NAIC or carrier data, both the regulator and the underlying dataset are named. Figures were included only when a named source and a year were both available. Conflicting numbers were handled by showing each figure with its own source and scope rather than blending them, which is why the two AOB series appear separately. Derived figures are labeled as Roofing Brief calculations with their inputs and limitations. Litigation counts, claim shares, and reform dates in this report were verified against the sources listed on the date of publication. This report was last updated in July 2026.
Source Quality Ranking
Tier 1 (primary and official): Florida Office of Insurance Regulation Property Insurance Stability Reports (January 2024, July 2026); Florida Department of Financial Services AOB data; Texas Department of Insurance weather-claims report; Louisiana Department of Insurance; NAIC data; Florida Statutes and Texas HB 1774; Hidalgo County Clerk records.
Tier 2 (credible institutional research and trade bodies): Insurance Information Institute (Triple-I) AOB studies.
Tier 3 (reputable journalism reporting on the above): Insurance Journal and Claims Journal news coverage of OIR reports and county filings.
Excluded: unsourced blog roundups, marketing pages, AI-generated summaries, and any figure that could not be tied to a named source and year.
Most Quotable Statistics
- Florida produced 79% of the nation’s homeowners insurance lawsuits on about 9% of its claims in 2020 (Florida OIR, NAIC data).
- That share fell to 41% by 2025 after four waves of reform (Florida OIR, July 2026).
- Florida property AOB lawsuits rose from 405 in 2006 to 28,200 in 2016 (Florida DFS).
- More than half of roughly 21,000 Texas hail suits from 2012 to 2015 came from a single county, Hidalgo (TDI and county records).
- Before 2012, only about 1 in 1,000 Texas property claims led to a lawsuit (TDI).
Data Limitations
Lawsuit-share figures measure homeowners insurance litigation broadly and are not limited to roof claims, though roof claims are a leading component. AOB counts from different bodies use different scopes and cannot be chained into one series. Florida’s claim-share swings reflect hurricane timing, so year-to-year comparisons of the disproportion ratio should be read with that in mind. Texas county suit counts come from clerk records and advocacy tallies with varying cutoffs. Louisiana’s post-storm litigation is documented qualitatively by the regulator; a clean statewide annual suit count was not available at publication and is therefore not stated as a precise number here.
Downloadable Dataset: Recommended Fields
A companion dataset for this topic should include: state; year; number of homeowners insurance lawsuits; number of homeowners claims; state share of national lawsuits; state share of national claims; AOB lawsuit count; AOB scope (property only or all categories); reform statute and effective date; source body; source URL; and notes on methodology or scope.
Press Summary
Roof and property insurance litigation in the United States is concentrated in a few states, and the data shows how sharply. In 2020, Florida generated about 79% of the nation’s homeowners insurance lawsuits while accounting for only about 9% of its claims, a ratio compiled by the Florida Office of Insurance Regulation from National Association of Insurance Commissioners data. The driver was assignment of benefits paired with one-way attorney fees: property AOB lawsuits in Florida rose from 405 in 2006 to 28,200 in 2016. After reforms in 2019, 2021, 2022, and 2023, Florida’s lawsuit share fell to 41% by 2025, and its insurers swung from about $1.5 billion in losses to more than $1.7 billion in gains. Texas is the second hotspot, driven by hail, with more than half of roughly 21,000 suits from 2012 to 2015 filed in Hidalgo County. Louisiana is the emerging pressure point after the 2020 to 2021 hurricanes.
Suggested Headlines
- The Roof-Claim Lawsuit Map: Where Property Litigation Actually Concentrates in 2026
- How Florida Went From 79% of U.S. Insurance Lawsuits to 41%
- 405 to 28,200: The Decade That Broke Florida’s Roof-Claim Market
- Texas Hail Litigation Was a One-County Problem, and the Data Proves It
- Assignment of Benefits, Explained by the Lawsuit Counts It Produced
Frequently Asked Questions
Which state has the most roof and property insurance litigation? Florida. In 2020 it produced about 79% of the nation’s homeowners insurance lawsuits on roughly 9% of its claims, per the Florida Office of Insurance Regulation citing NAIC data.
Is Florida still the top litigation state in 2026? Its share has fallen sharply but remains disproportionate. Florida’s share of nationwide homeowners lawsuits dropped to 41% in 2025, per the Florida OIR Property Insurance Stability Report published July 2026.
What is assignment of benefits (AOB)? AOB is an agreement in which a homeowner transfers insurance-claim rights to a contractor or restoration firm, which can then bill and sue the insurer directly. In Florida it drove a large share of roof and water claim litigation.
How many AOB lawsuits did Florida have? Property AOB lawsuits rose from 405 in 2006 to 28,200 in 2016, per the Florida Department of Financial Services. Broader AOB counts across all categories reached roughly 135,000 by 2018, per the Insurance Information Institute.
Did Florida ban AOB for property insurance? Yes. Senate Bill 2-A, passed in December 2022, eliminated AOB for property insurance and repealed the one-way attorney-fee statute, following earlier reforms in 2019 and 2021.
Why is Texas a roof-litigation state? Texas litigation is driven by hail. More than half of roughly 21,000 hailstorm suits filed from 2012 to 2015 came from Hidalgo County, per the Texas Department of Insurance and county records.
What did Texas House Bill 1774 do? Effective September 1, 2017, it required written pre-suit notice before a weather-claim lawsuit and reduced the statutory interest penalty on delayed claims, discouraging quick-to-file suits.
What is happening in Louisiana? After the 2020 to 2021 hurricanes produced a lawsuit spike and insurer insolvencies, Louisiana passed 2023 to 2024 claim-handling and proof-of-loss reforms, and 17 new insurers entered the market from 2024 onward, per the Louisiana Department of Insurance.
Are roof claims specifically the most litigated? Roof claims are a leading component of homeowners litigation because they are frequent, high-value, and easy to dispute over scope and price, but published lawsuit-share figures cover homeowners claims broadly rather than roofs alone.
Did the reforms lower premiums? The clearest measured effect so far is on litigation and insurer results. Florida’s insurers moved from about $1.5 billion in net underwriting losses in 2020 to more than $1.7 billion in gains in 2025, per the Florida OIR, with premium relief lagging the litigation decline.
How to Use This Report
This report is a companion to our 2026 State of Roofing Insurance report, which covers premiums, carrier exits, and claim-denial patterns, and to our Florida AOB roofing reform guide for contractors and homeowners. For the storm data behind Texas and Gulf litigation, see the 2026 Roofing Hail and Storm Loss Database. Homeowners navigating a disputed claim should read filing an insurance claim for roof damage, and anyone worried about fraud-driven claims should review the roofing deductible fraud loss report.
Reviewed by The Roofing Brief Team. Last reviewed July 2026.