Takoma Park, MD asked in Insurance Bad Faith and Insurance Defense for District of Columbia

Q: I have structured insurance. My roof was damaged 2+ yrs ago, l made a claim, they did not settle until two yrs later.

They never paid for the roof, but paid for the damage to rooms inside the house from water from the roof. They also blamed me for the damage. What can l do? I only have structural coverage.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A District of Columbia attorney could advise best, but your post remains open for two weeks. It's difficult to make an accurate guess as to the non-payment without seeing the policy and the denial, with any accompanying investigation reports or surveys. One option is to meet with an attorney to review both of these to identify your best and most cost-effective options. Good luck

Tim Akpinar

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in District of Columbia

A: Homeowner's insurance will typically pay for damage to your home caused by a storm (like a tree blowing over onto the roof, snow and ice weight that collapses the roof, high wind storm damage, etc.), but it will not pay to repair old shingles failing, a defect in the roofing materials, a roof contractor's negligence in sealing a roof, or other wear-and-tear causes. Regardless of the cause of the leak, a homeowner's policy will cover repair of interior damages caused by water penetration even if the cause of the leak is not covered. So, in your situation, it would cover damage to interior drywall, insulation, wiring, carpets, furnishings, etc. The insurance adjuster obviously does not believe the cause of the leak is a covered claim, just the interior damage. So, if you want to reverse that finding, you will need to have a roof contractor inspect the roof and determine the cause of the leak--and see if that cause fits within the terms of your policy, like storm-related damage. Using that inspection report, you can try to reverse the denial of your claim to repair the roof. If your roof is simply old and developing age-related leaks, or is leaking due to faulty installation, you have to pay the repairs yourself or sue the contractor who installed it in a faulty manner.

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