Legal Question in Insurance Law in California

Wind driven rain damage

I have a home on the ocean that sustained a lot of water damage in last years wind driven rains with water intrusion into wood supports, decks etc. total cost about 250k. My St Farm agent told me not to file a claim because my house would go on ''bad house list'' I got structual enginering repots detailing ''wind driven rain and water intrusion'' and detailed contractor estimates and filed my claim anyway before the statue had run. State Farm said they would cover interior damage but not decks because they don't cover ''dry rot''. My contractor is working with the adjustor and has asked me to get clarification from the insurance company as to what they mean by interior damage repair. (I need to have new beam supports in the interior walls of the house, extensive reframing of wall and restucco, removal of one fireplace to put in a new beam etc. plus two new decks)

I don't know what ''interior repairs mean'' but before I call the adjustor on Monday is ther anything I should know about how this process goes? If she says ''we cover wallpaper only'' or ''thats dry rot''..how should I respond and what do people do in these situations? Thank you


Asked on 4/08/06, 12:12 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Wind driven rain damage

Look in the policy for any language defining the term. If not there, fax the adjuster asking for a definiton - tell him/her to write you what the insurer says it means. Answers given on the phone may not be consistent. For this large a claim you should have a very knowledgeable contractor handling this, or better yet, a lawyer. Is this your own contractor? If so, he should initially discuss this w/St. Farm. If not, you need your own.

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Answered on 4/12/06, 9:02 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Wind driven rain damage

This starts getting into a grey area. Some insurance companies define interior damage to mean any damage from the drywall in. However, others define this to mean from the inside of the stucco or siding in. At this point, with the issues you have been having and the size of this claim, you may want to consider hiring a public adjuster. (Note that this is different from an independent adjuster who works for the insurance companies.) You may also want to consult with an experienced insurance attorney about what is and is not covered.

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Answered on 4/12/06, 10:47 pm


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