Legal Question in Insurance Law in Texas

Claims denied

My home has a roof leak I made the claim to the insurance company and they said that the damage was ''old hail damage'' and it was two years old. They will not pay. They did no research to actually estimate the damage but just took a real quick picture. What can i do to fight their claim denial. And is my old insurance then liable if damage is old?


Asked on 7/12/04, 1:38 pm

1 Answer from Attorneys

William Featherston Grissom, Richards & Featherston

Re: Claims denied

It appears that your insurance carrier is denying coverage on the basis of a clause in your policy that requires claims to be timely reported. The question of the age of the damage may be subject to dispute. I would try to determine through the weather records the last time you experienced a significant hail storm and consider bringing in your own expert to see if the damage appears "old" or could be attributable to the "recent" hail storm you have been able to identify. If there has not been a recent hail storm or your expert cannot dispute the "old hail damage" argument of the insurance company, you will likely have a difficult time prevailing. As to your old insurance company, I would think you are going to have the same issues with them and, while it is unclear from your question as to how old the "old" policy is, but its possible that the statute of limitations has run barring you from pursuing a claim against that company.

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Answered on 7/12/04, 3:33 pm


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