What can I do if I filed a claim for damage to my home but it was denied?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I filed a claim for damage to my home but it was denied?
The damage was caused by water entering through an opening between the wall and door frame. The door and frame are all wood, it swelled and pulled from the wall and now water comes through. My insurance company is saying they cannot cover the damage since the storm did not cause an opening for the water to seep in. I disagree, the only reason water got in is because of the water from the storm. This is a second story door, no flooding involved. Is there anything I can do to get this covered?
Asked on January 27, 2016 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Generally, slow damage occuring over time, through lack of maintenance or the inevitable degredation of materials, seals, etc. over time, is not covered by insurance, but sudden catestrophic damage, like from storms, is. (This is a general rule: review your specific policy for your exact coverage.)
If you feel your insurer is wrong--that this was storm damage--and they are simply shirking their contractual (an insurance policy is a contract) responsibility to pay you, you could sue them for breach of contract. To win, you'd need evidence and testimony (e.g. from contractors or home inspectors) as to how the damage occured, and then prove that damage like that should be covered under your policy. Depending on the extent of the damage, it may or may not be worth the cost of a lawsuit to do this.
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 AttorneyPages.com 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.