INTEL STATUS: ACTIVE

SUBJECT: Uniform Appearance / Line of Sight (Matching)

PRIMARY STATUTE: 806 KAR 12:095, Section (9)(1)(b)

RESTRICTION: Administrative Law (Binding on all Admitted Carriers)

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SITUATION REPORT: The Kentucky Shingle Matching Conflict

Restoration contractors in the Commonwealth frequently encounter claim denials based on "functional repair" arguments. Carriers often assert that if a shingle is discontinued, they are only liable for a "close-enough" match on the damaged slope.

However, Kentucky insurance law does not recognize "close enough." Under 806 KAR 12:095, Section

(9)(1)(b) administrative regulation, the standard for settlement is not merely structural—it is aesthetic.

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TACTICAL DIRECTIVE: The "Uniform Appearance" Standard

The primary weapon for supplementing a roofing claim in Kentucky is 809 KAR 1:006, Section 9. This regulation explicitly dictates how an insurer must handle a loss when a direct match is unavailable.

Key Intel: "Uniform Appearance"

The carrier's liability is triggered the moment a mismatch is visible. If a front slope is damaged and the back slope is visible from the same street-side perspective (the "Line of Sight"), a repair with a non-matching shingle violates the uniform appearance standard. This effectively mandates a full roof replacement when a shingle is discontinued.

FIELD STRATEGY: Execution of the Rebuttal

To successfully force a carrier to comply with 806 KAR 12:095, your supplement documentation must be forensic in nature. Follow these directives:

1. Establish Discontinuation: Secure an ITEL report or a written letter from a local supplier (e.g., ABC Supply or Beacon) confirming that the original shingle is no longer in production.

2. Document Line of Sight: Do not just take close-up photos of the damage. Take wide-angle "Forensic" shots from the curb and property corners to demonstrate that a partial repair will be visible to a reasonable observer.

3. Cite the Regulation Directly: Use the following language in your estimate notes:

"Per 809 KAR 1:006 Section 9, Kentucky law requires a reasonably uniform appearance. As the existing shingle is discontinued, a partial repair is a violation of state administrative standards. Full replacement is required to restore uniform appearance within the line of sight."

NATIONAL EXPANSION ADVISORY

Fighting a similar denial outside of Kentucky? The National Restoration Intelligence hub is expanding based on contractor demand. We investigate state-specific statutes to provide you with the technical teeth needed to win.

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