state farm refuses to pay claim homeowners

UPDATED: Sep 30, 2022

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state farm refuses to pay claim homeowners

hail storm may 26th, Roof insurance denied. We have had them for over 30 years.
Area hit with golf ball size hail on May 26th. Half the roofs in the neighborhood
have been replaced since then including both on each side of our house.
Travelers, Hartford, and Chubb have been great to work with. State Farm agrees
there is damage but says because of the sun pulling the pock marks out of the
shingles they cannot be sure it is due to hail.They agreed pock marks all over
moss on the roof show hail hit roof but State Farm adjusters said the pock marks
on the shake are gone now from the sun. The splits may or may not be from the

Asked on December 29, 2016 under Insurance Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your insurer must pay claims when the terms of the policy and the facts of the damage indicate they have to pay. If they refuse to pay when you think they should, you could sue them for "breach of contract"--for violating their contractual obligation (insurance policies are contracts). If you can prove that given the terms of your policy and the facts they should have paid, you can get a court judgment or order requiring them to pay. For a claim like this, you would likely need a written report and testimony from a roofing contractor or some similar expert, to be able to testify based on training and experience as to the cause of the damage.

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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