Is insurance liable for old structural damages after initial repairs?

Question

My 90-year-old father-in-law's home in California was damaged years ago when a car crashed into it. The insurance company initially repaired the house, but cracks reappeared a year later, revealing only cosmetic fixes. Despite ongoing communication and documentation with the insurance agent, who asked not to file a suit, no substantial repairs were made until the agent retired. A recent leak in the supply line uncovered a broken center beam, a broken drain line, and a knocked-over concrete support under the kitchen. The adjuster denied the claim for the leak and stated in person that all other damages were old and could not be covered. The denial letter only addressed the leak, not the original structural damages. Is the insurance company still responsible for these structural issues stemming from the original incident under California law?

Tim Akpinar · Answer

It could depend on whether the damages could have been identified at the time of the original repairs, which might be difficult to determine at this point with all the subsequent repair work and passage of time. One option is to revisit the file with attorneys who handle insurance property damage cases, as my colleague advises. Good luck

James L. Arrasmith · Answer

It sounds like you’re in a frustrating situation, and it’s understandable to want clarity on whether the insurance company is still responsible for these structural issues. Generally, insurance policies cover sudden and accidental damage, but they do not typically extend coverage for long-term wear, pre-existing issues, or damages that were not properly repaired in the past. Since the insurance company initially repaired the damage, their liability may depend on whether those repairs were done inadequately and whether the policy includes any provisions for faulty repairs.   
 
Because the recent denial letter only addressed the leak and not the structural damages, it may be worth requesting a written explanation for why the other damages were excluded. If the insurer failed to properly repair the home after the initial claim, they might have some responsibility, especially if negligence can be proven. Reviewing the policy's language, past claim documents, and any warranties on previous repairs could be helpful.   
 
Given the complexity of the situation, speaking with a California attorney experienced in insurance disputes might be the best way to explore your options. They can help determine if the insurer acted in bad faith or failed to fulfill their obligations. You might also consider filing a complaint with the California Department of Insurance if you believe the company mishandled the claim.

Q: Is insurance liable for old structural damages after initial repairs?