Do you handle property damage claim that’s denied by an insurance carrier?

UPDATED: Sep 30, 2022

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Do you handle property damage claim that’s denied by an insurance carrier?

Insurance Claim 3007884824-1-1 with Farmers Insurance. I have an extensive roof leak during the recent rain storm which also damaged the ceiling and walls of the family room resulting in mold growth. Claim was denied by the Carrier stating that the leak was not the result of wind blown damage but due to poor workmanship when the home was built about 30 years ago.

Asked on February 3, 2017 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you believe that under the terms of the insurance policy and the facts of this situation that the insurer should have paid you, you can sue them for breach of contract (an insurance policy is a contract) for the money. To win, you would need to prove in court by a preponderance of the evidence ("more likely than not") that the damage occurred in such way that under the terms of the policy, they should have paid.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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