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Solar Panel Systems

Solar losses come in two kinds: roof leaks from the holes drilled to mount the panels, and fires from inverters, batteries, connectors, or wiring. The panels themselves rarely fail. Look first at the installer, then at the equipment makers. Many systems are leased, so the lease or power purchase agreement matters.

What it coversMount leaks, installs on worn roofs, connector and inverter fires, leases

Step-by-step checklist

Identify

Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.

Notify

Investigate

Demand

Negotiate

Settle

1. Identify

Common solar losses

Problem What goes wrong
Roof leaks at mounts Missing or poor flashing, lag bolts that missed the rafter, or sealant used instead of flashing
Installed on a worn roof The installer mounted panels on a roof near the end of its life and didn't flag it
Damaged roofing Cracked tiles or shingles from crews walking on the roof
Connector and wiring fires Mismatched or loose connectors, wires rubbing on metal, wires not protected from the sun
Inverter fires Inverter or optimizer failures, often a product defect
Battery fires Lithium-ion storage batteries that overheat (see the Electrical and Product Fires guide)

Responsible parties to consider

  • The solar installer and any roofing subcontractor
  • The leasing or power purchase company, which often owns the system and handles service
  • The makers of the panels, inverter, optimizers, racking, and battery
  • An electrician who did later work on the system

Timing is your first clue

Mount leaks usually show up in the first heavy rains after the install. A leak lined up under the mounting hardware soon after the install points strongly at the installer.

2. Notify and investigate

Read the contract or lease

Look for:

  • Roof and workmanship warranties, often limited to a set number of years
  • Who owns and services the system
  • Limitation of liability and waiver clauses
  • Arbitration requirements

An expired warranty doesn't always end the claim. A claim for faulty workmanship can still be open under the normal statute of limitations and repose.

Evidence checklist

3. Demand, negotiate, and settle

Liability theories

  • Negligent installation, including code violations
  • Breach of contract and warranty
  • Product liability against the equipment makers
  • Failure to warn about the roof's condition before the install

Defenses to expect

Defense How to answer it
The roof was old The installer inspected the roof and chose to install. Did they flag it?
It's a roofing problem, not ours The scene exam showing the leak at the mounts
The warranty expired Negligence claims may still be open under the statute of limitations
It was the equipment Keep the installer and the makers on notice until the lab exam

Negotiating and settling

  • Installers and equipment makers will point at each other. Keep them all on notice.
  • Review the release with the release checklist.
  • Close with the standard closing letter and the deductible reimbursement letter.

4. Letters for this loss

Step Letter Sent to
Identify Subrogation Opening Letter to Insured Insured: contract or lease, app data, photos
Notify Notice of Subrogation Interest and Insurance Request Installer, leasing company, makers
Notify Notice of Subrogation Interest to Adverse Carrier Each party's carrier
Investigate Evidence Preservation and Joint Scene Exam Notice and to Responsible Party All parties
Investigate Joint Lab Exam Notice All parties
Demand Subrogation Demand to Adverse Carrier or to Responsible Party Carrier or party
Negotiate Second Demand with Escalation Notice, Tolling Agreement Request Carrier(s)
Settle Release Review Checklist, Closing (Made Whole) or Pro Rata, Deductible Reimbursement Client and insured
No recovery No Recovery Closing Letter Client, for example a storm or wind loss with no installation fault