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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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State Farm is refusing to put a new roof on my house, they

Customer Question

State Farm is refusing to put a new roof on my house, they said the damage is to old. I didn't know I had a lot of damage until the roof started to leaks in the attic and rooms of my house. I have been with them for over thirty years. the last time I put a claim againt the roof was in 1996.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Loren replied 6 months ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 6 months ago.
Who said that is must be replaced? Is the leak caused by the age of the roof or because some insured peril damaged it?
Customer: replied 6 months ago.
State Farm insurance said I must replace the roof at my expense or they will cancel my insurance.
Expert:  Loren replied 6 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Expert:  Loren replied 6 months ago.
Unfortunately, the insurance company has no legal obligation to replace your roof unless it was made irrepairable by some insured peril. If it has just deteriorated due to age then it may represent a hazard, in and of itself, by being structurally unsound. That may be why the insurance company wants to cancel rather than continue insuring.You may want to call around to other insurance companies to find out if another company will be more flexible. State Farm is not the only insurer.
Expert:  Loren replied 6 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 6 months ago.
Are you still online with me?
Customer: replied 6 months ago.
The adjuster is saying that the roof damages should have reported right after the damage. And that weather had nothing to do with it. But in Wy. we have a lot of rain, snow, and hail and when the weather sit on it for any length of time it will damage the shingles. In fact we are supposed to get 20" of snow this weekend.
Expert:  Loren replied 6 months ago.
You can appeal their denial. You would need a roofing contractor to examine the roof and provide an opinion that the roof has been damaged during the period of coverage by an insurable peril. Then, follow the procedure in the policy for appealing a denial of claim.

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