Help with Insurance Company Denial

[portchop123]

What is the name of your state (only U.S. law)? New Jersey

I am looking for some advice regarding a denial that I received from my homeowner's insurance company. Here are the specifics.

Home is a single family residence that is a side hall two story colonial. It is approximately 2400 square feet with an unfinished basement. The area in question is a floor joist that runs from the center of the home in the basement to the front of the home that has a 3 inch split on a knot. The split caused the floor joist to drop, subsequently causing the floor in the front foyer to drop. The drop is significantly to the point that you can see it without having to put a level on the ground. The damages were noticed in the morning of Jan 3rd and the damages were not there on the night of Jan 2nd. The insurance company was contacted and an independent adjuster came out. The inside adjuster received the report and the insurance company is denying the claim because of of "settling, wear and tear, shrinkage". I have an HO-3 policy which is an all risk policy unless specifically excluded. I have disputed the denial on the fact that the home is 22 years old and if something is going to settle, it would have settled already. If someone can provide me with any information to help me make this claim settled, that would be greatly appreciated. Thank you for your time.

 

[adjusterjack]

The inside adjuster received the report and the insurance company is denying the claim because of of "settling, wear and tear, shrinkage". I have an HO-3 policy which is an all risk policy unless specifically excluded.

You appear to be paraphrasing the exclusions when they have to be taken in their entirety:

Exclusions:

Wear and tear, marring, deterioration;

Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings;

Your dispute regarding the word "settling" doesn't hold water. A structure can settle at any time even if it's 100 years old. Even if you eliminate the word "settling" from the exclusion you still have a combination of "deterioration" and "cracking" of "foundations."

The claim rep is not wrong here.

I suggest that you consult a construction defect attorney to see if there is any recourse against the builder even at this late date.

 

[STEPHAN]

I suggest that you consult a construction defect attorney to see if there is any recourse against the builder even at this late date.

You might want to check if the builder is still around, first.