Colorado Springs, CO asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Colorado

Q: Recourse for roof damage repair/replacement on a "duplex", where the other owner apparently has no damage?

My dad lives in Longmont. "Duplex" is probably not the correct term: it is a single building that contains two residences, each owned by a separate person. The area has an HOA. There was a hail storm a few months ago. A roofer and my dad's insurance (State Farm) adjuster confirmed he has roof damage (including a leak apparently caused by the hail backing up near one of the downspouts that is evident inside on the ceiling). They say the other owner has roof damage too; however, his insurance (USAA) adjuster said he does not (not sure if he really said "no damage" or "not enough damage to qualify for a new roof"). State Farm has already processed my dad's claim and sent him $; however, according to my dad, the roofer and State Farm adjuster said there is an ordinance in Longmont that you "can't replace half a roof". So, what recourse does my dad have? For example, does this ordinance itself have any wording to address a situation like this?

1 Lawyer Answer

John Kenneth Joyner

PREMIUM
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will work on contingency and give you a free consultation, meaning no money changes hands unless they win your case.

Good luck to you.

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