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About Denise
Expertise
I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.

Experience
20+ Years

Organizations
CIC, CISR, API

 
   

You are here:  Experts > Money > Personal Insurance > Insurance Law > Previous Owner Roof Damage

Topic: Insurance Law



Expert: Denise
Date: 7/1/2008
Subject: Previous Owner Roof Damage

Question
After purchasing a Michigan home a year ago, we discovered roof leaks.  A licensed roofer examined the roof and issued a report indicating that the roof had sustained significant and excessive hail damage (this was apparently not noticed by the home inspector during the purchase inspection).  We were advised to submit the claim to our insurance company.  The adjuster reached the same conclusion regarding the hail damage and was finalizing the claim when he realized that we had only been insured since our purchase a year ago and the hail damage had occurred prior to our purchase.  He recommended filing a claim with the previous owner's insurance company.  The previous owner's agent has refused to submit the claim.  What are my remedies in this situation?  Under what circumstances should I expect insurance coverage of this type of damage?

Answer
Hi John-
I don't know how much help I can be in this situation, but there are issues to look at in regards to the previous owner and the real estate agent.  If they were aware that there were roof leaks at the time of the sale, and didn't disclose it, there could be legal ramifications.
If it did some damage, but didn't do enough to cause it to start to leak until know, I truly don't know what recourse you would have.  The difficulty is proving that the hailstorm is the actual cause of the loss, and not simple wear and tear. If you feel that you can substantiate that the hail storm caused the damage, (such as neighbor's all around you now state they had roof damage from the storm), what you may want to consider is making a complaint with the Michigan Department of Insurance, and see whether they can make the prior insurance carrier handle the claim.  
You may end up being stuck paying this yourself.  Sorry I can't be of more help. :) Denise

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