Suing my home owners insurance company
Warbirds
Member Posts: 16,923 ✭✭✭✭
For context- This is Florida. I have never in my life filed any sort of insurance claim.
There was a storm in late October. November I figured out I had damage to my roof while I was hanging Christmas lights.
I call a roof guy for a repair and the rest is history. He says I need a whole new roof for a few reasons. Gives me a ballpark of 20-30K.
My roof guy is a well established business, and a guy I play poker with through the same social circles, I trust his reputation. He is confident based on the damage and the documented storm, I should file a claim.
File a claim-
A month later:
Adjustor and roof guy show up and evaluate.
2 weeks later:
Insurance company offers to repaint my interior ceiling and take no action on the roof.
My position was repainting it does nothing to prevent future water intrusion.
A month later:
They send a 2nd adjuster and roofer out. These guys are both blaming the design of my roof before anyone ever goes onto the roof. I point out, they had no issue issuing a policy to me and also point out, neither are architects therefore their opinions on the design is sort of irrelevant.
2 weeks later:
They send a follow on letter stating there is no storm damage only “normal wear and tear”.
My roofer of course is adamant the roof has lots of recent storm damage & needs replaced.
Detailed Quote comes in north of $25K
I hire a very seasoned lawyer, & insurance company agrees to “mediation”.
2 weeks later:
The agreement of mediation, I sign a document which says I will pay $2,000 for the mediation hearing if the insurance company will agree to mediation. (My lawyer thinks he can get it done in mediation).
2 weeks later:
Insurance company agrees to mediation.
2 weeks later:
Insurance company sends me a letter with cancellation notice of my current policy unless I replace my roof.
A month later:
Today we had a “mediation” where essentially my lawyer had sent in advance a number we would settle for.
In mediation, the insurance company lawyer does not show.
Mediation lawyer pushes it out a few hours and again, no insurance lawyer.
My lawyer promptly states- I have now attempted mediation twice and we will be filing a lawsuit, mediation guy agrees.
My lawyer is now certain we will win, however I don’t know how long the lawsuit process will take & my current policy is set to expire just before Hurricane season gets serious (current policy expires end of June).
I do have the cash to pay for the roof, if push comes to shove but I sure feel like the insurance company stall tactics are designed to force me to do just that and it has me a bit angry.
All in, lawyer fees and what not the roof is going to cost maybe $40K and win or lose I think the insurance company could have got out of this in the beginning for around $18,000.
What a pain.
Comments
Three years dowsing is permitted before having to file the claim; squatting is a frame of mind...
Throw together insurance companies, roofers, lawyers and yourself all together......you'll always be the only loser in the group. I do wish you luck.
"Never do wrong to make a friend----or to keep one".....Robert E. Lee
Terrible to take 6 months with no resolve. I hope you have taken steps to prevent further damage.
do you have the tile roof my folks lived in fl and after a few of the big storms some years ago 20? they had to beg for insurance cause the companys bailed out after loseing there *
good luck
sounds like your caught in a catch 22 type situation
Sounds like a sorry a zz insurance company. One to avoid.
Just read this news story on Yahoo this morning. Looks like you are not alone Warbirds.
Florida’s homeowner’s insurance market continues to spiral with 9 companies in liquidation (yahoo.com)
Do you have asphalt shingles? How old is the roof? Is the roof ventilated?
Post some photos of your roof.
Wow
With all the storms that hit Florida, I'm not surprised the insurance companies will try every trick in the book to get out of paying claims.
I hope it all works out for you.
Joe
I think insurance is a scam....no matter what company or type of insurance you are dealing with. I've never once walked away from a situation that involved insurance thinking I got what I've been paying for.
Not so much as a kiss!
I wish you the best, but based on previous run INS with insurance.........you gonna be out the roof money, the lawyer money, and uninsured! Insurance companies are licensed to STEAL and they are very good at their job!😡🤬🤢
Keep us updated.
Here is hoping to your WIN and make em pay layers fees too! I'm rooting for ya.
...I hope youre really young, and enjoy spending money...the Ins. Co. will stretch it out as far as they can (years)...by then you will have put on a new roof...luck...
All you can hope for is a "reach around".
Are they asphalt shingles?
I have a fairly large roof that was stripped down to the sheeting and replaced 2 years ago.
The cost was no where near 25,000!
A little bit than half that.
I guess one of the only good reasons to live in ILL
The cost of having a new roof put on a house by "professional" roofers about matches the rising costs of medical care around here! One of the best features of the home I bought back in 2015 was that it had a newly installed metal roof. I just wish the massive 4 car garage with the gabrial (barn type) roof would have also been metal! With the winds we get up here, those dang shingles are constantly found lying on the ground. 😒
I asked if it was asphalt shingles, because asphalt shingles only last 30 years. If your roof is 20 years old and was damaged in a storm, if the roof costs $18,000, you should collect only $6K, you should collect only 1/3 of the value of the roof, because 2/3 of the life of the roof was already gone.
You said they blamed the design of the roof. This is why I asked about attic ventilation. Attic ventilation is critical to the longevity of a asphalt shingles. I have seen many houses that lack attic ventilation. If your attic is not ventilated, you would be lucky to get 12 years out of asphalt shingles.
If your roof is tile or metal, none of the above applies.
2 weeks later:
Insurance company sends me a letter with cancellation notice of my current policy unless I replace my roof.
Oh man that is rich. Please broadcast the name of this insurance company far and wide so that no one else makes the mistake of choosing them.
Sorry you are dealing with this. I am confident you will come out the victor.
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain