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About James R. Berliner, CPCU
Expertise
My specialty is personal and busines insurance, relating to the property and casualty field. Homeowners, Auto, Business Auto, Workers Compensation, Business Interruption, Crime, Directors & Officers Liability, Employment Practices Liability, Professional Liability, General Liability, Umbrella Liability, etc.

Experience
I am the owner of my own agency (established 1970), have obtained my CPCU designation, and am licensed in many states.

Organizations
IIABA (Independent Insurance Agents and Brokers of America), CPCU Society, PIACT (Professional Insurance Agents of Connecticut - Board of Directors)

You are here: Experts > Money > Personal Insurance > Property & Casualty Insurance > Roof Damage

Property & Casualty Insurance - Roof Damage

Expert: James R. Berliner, CPCU - 10/24/2009

Question
QUESTION: Hello,

I'm located in Florida and I own a triplex. Back in March of 2009, I had some water leaks in the triplex I rent out due to some heavy rains, but didn't file a claim. I thought that my Citizens policy only covered leaks if they were done by roof damage due to a hurricane. Now we are having more rains and the problem got worse. My friend told me that I was incorrect and that I could off filed a claim.
If that is true, do you think I can still file a claim? What about if Citizens doesn't want to cover the damages, because I didn't file the claim back in March?
Please help me

Thanks

ANSWER: Hi Lindsay,

It is hard to comment about a specific policy without actually reading it. That being said, policies generally do NOT cover leaky roofs. They generally DO cover 'wind driven rain' - rain that comes through a roof that is generally in good condition. The policy may not cover the roof itself unless the roof is damaged, but it should cover the rain that has been 'driven' through the protective roof layer.

Once the insurance company agrees that the 'wind driven rain' is covered, and damage caused by the water is covered (and again - not necessarily the roof itself unless the roof has physical damage)then you should ask Citizens to assure you the sub-roof is dry and will not cause any mold to form. It makes sense that if there is water in the interior, then the sub-roof must be wet also. Sometimes you can get the carrier to replace your roof merely by insisting that there is a potential mold source (the sub-roof) and the carrier must repair/remediate (or at least inspect) it. Read your policy - there may be special limitations about coverage for mold and mold remediation.

Regarding filing a late claim - tell them the truth - you did not think it would be covered, so you did not report it. This is common within the industry. It would be good to have some pictures or receipts from the problem back in March to show Citizens.

Feel free to get back to me with any additional questions you may have.

James Berliner

---------- FOLLOW-UP ----------

QUESTION: Hello again Mr. James,

Thank you so much for your answer, it has helped me a lot. I just have one more question, I noticed I have to policies;
1. Dwelling DW-2 Wind Only Policy and
2. Homeowners HO-3 Special Form Policy,
now my question is, under witch policy should I file my Claim?

Thank you

Answer
Hi Again, Lindsay -

I am going to make an assumption that your HO-3 policy excludes damages casued by 'wind'. If that is true, file first with the wind policy, as 'Wind Driven Rain'. If it is denied, file with the HO-3, advising at that time you have already filed with the 'wind' policy and it was denied.

Would love to follow this, feel free to keep me posted.

James Berliner

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