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Ely
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Category: Criminal Law
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If A discovers a hole in his roof on only one section of his

Resolved Question:

If A discovers a hole in his roof on only one section of his roof & not sure if caused by branches from tree due to high winds during recent storms or from just the storm's winds & heavy rains.
Will his homeowner's insurance cover the damage to the roof?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends on A's policy. Every policy is different, and A's policy may cover storm damage only, or, general damage (including heavy rain). It really depends on each policy and every policy may be different - the answer lies in the policy contract. If you do not have this, you may ask the insurance company to provide one for you and they normally will.

But then, one has to deal with the insurance adjuster. The adjuster's job is to make you miserable. They will ignore you, confuse you, and ask for redundant and seemingly needless paperwork in an effort to talk you into a small settlement or have you give up all-together. And remember, statute of limitations usually only gives you a limited time to file suit, which is four years per Civ. Prac. §16.004(a)(3). They know this; they hope you do not. If you miss the four year mark, you can no longer file against them for not covering the damage, which means they do not even have to work with you.

As such, the adjuster will often try to claim that the damage was caused by something OUTSIDE what is covered by the policy, and as such, the insurance is not responsible.

If so, an attorney is recommended. An attorney usually cuts through this malarkey since the adjuster knows counsel does not put up with this and WILL file suit if needed (whereas here, they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely). Then a settlement is usually reached. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

I hope this helps and clarifies. Best of luck.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87190
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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