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I called my homeowners insurance company because when we…

Customer Question
Hi. I called...

Hi. I called my homeowners insurance company because when we were boarding up our windows in prep for hurricane irma, we noticed that the wood around one area was weak and possibly water had been leaking in unnoticed. We had this same problem about 7 yrs ago. Filed our first homeowners claim and it was repaired and we thought was resolved. Now after seeing this again, we think it's the same problem. Will insurance cover this again?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Flolrida

Lawyer's Assistant: Has anything been filed or reported?

My husband called this past monday. We noticed it when we were boarding the windows up on Saturday 9/9. Adjuster just called today.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that the leak is in the same area as before. When we filed first claim, it was over $23K in repairs. We had to pay an extra $600+ for the company to fix some type of flashing because they thought that is what caused the damage. Insurance company would not cover this. The first 2 years inspected for leaks during every rainstorm, no leaks. The last few years, we stopped looking for leaks. But after noticing the wood issue outside of the house, inside, it looks like old water leak evidence inside the window sill. I stopped putting my Christmas tree up there and we don't access that corner anymore, I guess that's why I didn't notice it.
We also have a contractor that we called prior to calling in ins claim but he has not been able to get out here yet. Oh and on the first claim, it wasn't noticed until I was putting down our Christmas tree and I saw that there was water damage around one of the windows. It looked like it had been happening a while because of the extent of the damage (lots of rotten wood).

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 1 minute by:
9/23/2017
Real Estate Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,311
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
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Real Estate Lawyer: Loren, Lawyer replied 11 months ago
it should still be covered. The only issue would be if it is a warranty claim on the contractor who did the prior repair, or a fresh leakage issue.
Either way, it should still be brought to the attention of the insurer.
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Customer reply replied 11 months ago
I'm just trying to be careful what I say and don't say since I don't want to get claim denied. Is it safe to tell them we suspect it's the same problem from before? If it is, will this be the same claim or a new claim?
Customer reply replied 11 months ago
What is a warranty claim? Is that a claim on the contractor who did the work? Does that mean that the insurance company will sue them? I ask because the contractor is a business neighbor or ours. I'm wondering if we should let him know first.
Real Estate Lawyer: Loren, Lawyer replied 11 months ago
I would not make any judgment statement. Just tell them you have another leak and let their adjuster raise the issue, if at all.
Talk to the insurer before the neighbor.
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Real Estate Lawyer: Loren, Lawyer replied 11 months ago
Did you have further questions? Have I answered your question?
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Real Estate Lawyer: Loren, Lawyer replied 10 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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