State College, PA asked in Contracts and Insurance Bad Faith for Pennsylvania

Q: Can insurance company deny claim if the claim isn't reported within the time contraints that were in the contract?

A tree fell on my house in April. It didn't look like a like a lot of damage. However 2 weeks later there is significant down pour and water is coming in through the roof. It is past the 14 days the incident actually happened, but because it didn't rain, you didn't know there was going to be water damage until after the 14 days of the event happening.

Also, insurance company said I should have read the contract. I requested the contract and it was provided electronically. Nowhere does it have the time constraint in it. Apparently you have to ask for the "policy jacket" which has all the detials in it. However, that can't be provided electronically and you have to wait 7 to 10 business days for them to mail you a hard copy.

1 Lawyer Answer

A: A Pennsylvania attorney could advise best, but your question remains open for a week. Yes, they can deny for not being placed on notice of the claim in a prompt manner. However you raise some valid points of your own, being the policy jacket and not being aware of the water incursion until the heavy rain which took place around 14 days later. If you don't make headway discussing these issues with the property damage examiner, you could consult with a Pennsylvania attorney to discuss your options. Although the rain did not reveal to you the water until some two weeks pass, the carrier will likely confront you with the argument that you should have known or should have suspected with the fallen branch. Good luck

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