What to do about the wrongful denial of hail damage by my insurance company?

UPDATED: Sep 30, 2022

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What to do about the wrongful denial of hail damage by my insurance company?

There was a storm 2 years ago, and I had hail damage to my roof and cedar siding. The siding was

covered by insurance and re-stained 5 times. Roof was denied. After researching denial letter, the shingle they said I had, they said it was tested to withstand 1.25 inch hail by Haag Engineering. Called shingle manufacture, they said particular shingle I have was not tested. Contacted Insurance Co. Erie and told them. They didn’t seem to care but said they would look at the claim again. Original denial letter also stated that :there was an accelerated amount of granule loss

Asked on May 22, 2017 under Insurance Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An insurance policy is a contract. If you believe, as you evidently do, that under the specific terms of your policy and the facts of the damage, that the insurer should have paid, then you could sue them for "breach of contract"--for violating their contractual obligations. But such a suit, even without an attorney, can be costly: you'd need to hire roofing or shingle manufacturing experts or private insurance adjusters to testify for you, and such people have to be paid whether you win or lose (and you generally cannot recover the cost of witnesses from the insurer). Unless you are talking many thousands of dollars of uncompensated loss, it is likely not worthwhile taking legal action.

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.

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