I just bought a house. 3 weeks before closing a hail storm came through. Didnt realize the roof had damage until after closing. Whose ins. liable?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 6, 2015

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Insurance Question from Branch, MN

Asked on 11/06/2015

I just bought a house. 3 weeks before closing a hail storm came through. Didnt realize the roof had damage until after closing. Whose ins. liable? NULL

Answer given on November 23, 2015

Insurance on a home covers the owner of the property at the time of the loss. If the damage occurred before you purchased the home, then the claim should go through the previous insurer. The insurance company will most likely decline your claim, since you were not the owner. You need to have the seller file a claim under the policy for the damage. It will be subject to the deductible and any settlement will be paid to the previous owner, or possibly, a contractor. Again, it will be the seller’s decision as to who the contractor may be. They may be agreeable to letting you choose the contractor, but you should work all of this out before proceeding with the claim.If the seller refuses to file a claim then you can try to go through your insurance company, but they will most likely decline the claim since you did not own the home at the time of the loss.

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