Q: Can I pursue litigation or negotiations for Construction Defect based on insurance denial letter verbiage?
My insurance company denied my claim stating "While the field adjuster’s inspection did reveal evidence of water intrusion to the interior of your home, the policy will not provide coverage for interior water intrusion unless a peril created opening is present to allow for coverage of the water intrusion. Coverage is also specifically excluded for, losses that are caused due to faulty, inadequate, or defective workmanship, repair, or construction." Is this enough for me to send the builder a demand letter to try and settle this out of court?
A: What the verbiage means is that the water damage appears to have been caused by a previously-existing defect in the structure.
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