QUESTION
Do I have coverage fro hail damage under a homeowners insurance poliey?
Asked on Feb 03rd, 2014 on Insurance - Florida
More details to this question:
We purchased a Florida home in July, 2013. We bought homeowners insurance beginning with the home purchase and the previous owner had homowners insurance up until the date of sale. On April 20th, the area here had a hail storm. Many of the homes in our community had roof damage due to the hailstorm. We called our Independent Insurance agent - who coincidentally also was the agent for the previous owner, and asked her if we could have an adjuster come out to see if there was any damage to our roof. She said no, that neither we nor the previous owner had an insurable interest in the home to make a claim. The previous owner had no insurable interest because he no longer owned the home and we didn't because we did not insure the home until after the hailstorm. Today, we had United Roofing come to look at the roof. They claim that there is considerable hailstone damage. What can we do now?
1 ANSWER
If I am understanding this correctly, it seems to me like the prior owner should have looked into filing a claim for damage after the hail storm, when they still owned the house. Since they no longer own the home, you cannot file a claim on their prior insurance for damage to the house that was caused prior to you owning the house. The same is true vice-versa - you cannot claim on your insurance for damage that was caused before you owned the home under the prior owner's policy. The prior owner would have had the right to make the claim at the time of the hail damage. Since that was not done, and you purchase the home with the hail damage, you cannot claim for past damage on your insurance. It is not damage that was caused while you had coverage. Your best bet would have been to have the home and roof inspected and upon discovering the damage to the roof, negotiate said damage with the seller of the home to have it repaired and/or to reduce your offer. I don't believe you have recourse with your insurance company, however, to be sure, you can check with an attorney who is licensed to practice law in Florida.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on Feb 04th, 2014 at 10:42 AM