After a storm, the first question for anyone with a broken roof is whether the insurance pays. The answer depends on the policy, but some rules apply to everyone: a short deadline to notify, a deadline for the insurer to pay, exclusions that catch many people, and a law that stops the insurer from hiding behind the declaration of calamity. This guide gathers what the official sources and law firms say on the subject, and what we could not confirm.
Updated on 2 November 2026.
The essentials
- Notify the insurer quickly. If the policy sets no deadline, the deadline is 8 days, according to the law firm CMS (9 February 2026). If you have the policy to hand, its own deadline is the one that counts.
- The insurer has 30 days to pay after receiving all the information it needs.
- The declaration of calamity does not remove cover. The Lei de Bases da Proteção Civil (the Civil Protection Framework Law) declares void any clauses that exclude the insurer’s liability because of that declaration.
- What it does not pay for: tiles that were already broken or displaced before the storm, old damp, lack of maintenance, and buildings that are not of “good construction”.
- State support only applies to what the insurance does not pay. See the guide on the storm Kristin grants.
What the 2026 storms showed
According to the Associação Portuguesa de Seguradores (the Portuguese insurers’ association), in a survey of its members published on 6 April 2026 (storms from 27 January to 13 February):
- about 185,000 claims;
- about 95,000 files closed or with an advance paid;
- more than 303 million euros paid or advanced;
- insurable damage estimated at 983 million euros, expected to pass 1,000 million;
- for damage to homes alone: 481 million estimated, of which 223 million paid.
In Leiria there were 36,843 claims, with an estimated cost of 307 million and 93 million already paid. The source does not say how many homes had no insurance. A news item quoted in the press, attributed to Fidelidade, says about half of the affected homes had no insurance, but we could not confirm the figure in the original source, so we do not treat it as fact.
What multi-risk insurance usually covers
A multi-risk home insurance (multirriscos habitação) usually includes storms, floods and landslides, but this is not an absolute rule. CMS asks you to check the policy for cover of “natural phenomena”, the limits, the excesses and the exclusions. The Documento de Informação sobre o Produto de Seguros (DIPS, the insurance product information document) you received when you took out the policy summarises this in a few pages.
What to look for:
- Storm and wind: many policies set a technical criterion (for example, a minimum wind speed or damage to neighbouring buildings within a certain radius). Look for that definition.
- Sum insured. If the insured value is lower than the real cost of rebuilding, the proportional rule applies: the insurer pays only the proportional part. CMS example: a building insured for €50,000, a real rebuilding cost of €100,000 (50%) and damage of €25,000 gives a payout of €12,500.
- Excess (franquia): the part of the damage that is always at your expense. Each policy has its own.
- External elements: shutters, awnings, gates and fences are usually excluded.
What is usually left out
According to CMS, typical exclusions include:
- Prior deterioration, old damp or lack of maintenance. Water coming in through the roof is usually covered only when it results from sudden damage.
- Buildings that are not of “good construction”.
- A claim made late or an insufficient sum insured.
- In the case of floods, the difference between a sudden event and a gradual build-up of water. Cover for cellars, garages and outbuildings is usually limited.
In practice: a tile that was already loose and that the wind took is debatable. A storm that tears off a roof in good condition is the typical case for cover. So photograph the state of the roof in normal times (for example, when you do maintenance) and keep the invoices for any work.
The law that stops “not paid because of the calamity”
Resolução do Conselho de Ministros n.º 15-B/2026 (a Council of Ministers resolution), which declared the calamity, says the declaration does not prejudice or remove the insurers’ liability, based on article 61 of the Lei de Bases da Proteção Civil. That article treats as void, without any effect, any insurance contract clauses that aim to exclude the insurers’ liability because of the declaration of a state of calamity. This means that if your policy covers storms, the declaration of calamity in your area is not a reason to refuse.
We could not read the current consolidated version of article 61, so confirm the text in the Diário da República (the official gazette) if you need to rely on it.
Step by step after a storm
- Safety first. Do not climb onto a damaged roof. Call a professional with equipment.
- Photograph and film the damage, from inside and outside, before touching anything. Keep the files.
- Protect what you can (for example, a temporary cover) and keep the invoices. Do not do permanent work before the insurer can see the damage, if you can wait.
- Report the claim by the channel the insurer indicates (app, customer area, broker). Attach photos, a short description of what happened and your bank details.
- Attach at least one repair quote. CMS recommends attaching at least one.
- Wait for the assessor. It is normal for the insurer to send an assessor before approving the repair.
- Keep everything: reports, emails, file number.
- Count 30 days from when the insurer has all the information to receive the decision and the payment.
If the insurer refuses or pays too little
CMS advises, in order:
- ask for the detailed technical justification of the refusal;
- make an internal complaint to the insurer;
- if the disagreement continues, use the external mechanisms, such as arbitration. The courts are always still open.
If the insurer refuses or leaves part unpaid, the 2026 State grant could cover the difference, up to €10,000 per home, but applications closed on 7 April 2026. See the guide on the grants.
Looking ahead to next winter
- Read the policy now, not after the storm. Look for: storm, wind, falling objects, excess, sum insured and maintenance exclusions.
- Update the sum insured if you have done building work or if construction costs have risen. This is what avoids the proportional rule.
- Maintain the roof: cleaning the gutters and replacing broken tiles are the best defence against the lack-of-maintenance exclusion. See the guide on roof leaks.
What we could not confirm
- The current text of article 61 of the Lei de Bases da Proteção Civil and how the courts apply it.
- The percentage of homes without insurance. The insurers’ association source does not give it.
- The exact legal deadline of 8 days: it comes from a law firm, not from the text of the law, which we did not read.
- Excess and premium amounts: they vary by policy and we do not give them.
This guide is general information, not legal advice. For a specific claim, speak to your broker or a lawyer.
Sources (read on 2 November 2026)
- CMS Portugal, Orientações práticas para o acionamento de seguros após a tempestade Kristin, 9 February 2026.
- Cerejeira Namora, Marinho Falcão, Tempestade Kristin: seguros, apoios do Estado e moratórias de crédito, 4 February 2026 (cites Resolução do Conselho de Ministros n.º 15-B/2026).
- Observador, Seguradoras pagaram 303 milhões de euros em indemnizações, 6 April 2026 (data from the Associação Portuguesa de Seguradores, via Lusa).
- CCDR LVT (the regional coordination and development commission for Lisboa e Vale do Tejo), Calamidades 2026, perguntas frequentes, updated on 2 July 2026 (grant that complements insurance).
- Lei n.º 27/2006, Lei de Bases da Proteção Civil, Diário da República, article 61. Full text not read.