Roof Damage Claim Denied

What is the name of your state? FL
I NOTICED MY ROOF WAS LEAKING ABOUT 2 MONTHS AFTER HURRICANE IVAN.THEIR IS NO VISABLE DAMMAGE TO MY ROOF IT JUST STARTED LEAKING AT THE SEAM OF MY CEILING. I REPORTED MY CLAIM AND IT WAS DENIED BY MY INSURANCE BECAUSE I WAS TOLD I HAD TO HAVE A HOLE IN THE ROOF OR MISSING SHINGLES. WELL, MY I HAD PATCHED SOME OF THE LOOSE SHINGLES AND FILLED ANY LOOSE SIDING. NOW I IT IS APRIL AND WE HAD A LOT OF RAIN AND I NOTICED THAT MY ROOF LEAK HAD SPREAD THE LENGHT OF MY HOME AND THE WATER IS LEAKING THROUGH MY WALLS AND MY FLOORS ARE RUINED.
I JUST PUT ANOTHER CLAIM IN FOR THE SAME PROBLEM BUT THIS TIME I TOLD THEM MY FLOORS AND WALLS ARE SOAKED THAT I NEED TO REPLACE THEM. I WAS TOLD THAT MY CLAIM WILL BE DENIED. MY QUESTION IS I HAVE PERSONAL PROPERTY INSURANCE UP TO 18,000 MY FLOORS ARE MY PERSONAL BELONGINGS. I WAS TOLD IT WILL DENIED BECAUSE OF THE PRE EXISTING ROOF CONDITION AND THEY WILL NOT REPLACE MY DESTROYED FLOORS. DO I HAVE ANY RIGHTS*******

Oy!

I NOTICED MY ROOF WAS LEAKING ..... I HAD PATCHED SOME OF THE LOOSE SHINGLES AND FILLED ANY LOOSE SIDING..... WE HAD A LOT OF RAIN AND I NOTICED THAT.......WATER IS LEAKING THROUGH MY WALLS AND MY FLOORS ARE RUINED.

This is easy: You should have called a competent roofer to diagnose the cause and origin of the leak since you are not a competent roofer. The leak would have been fixed and you wouldn't have this problem.

I JUST PUT ANOTHER CLAIM IN FOR THE SAME PROBLEM...... I WAS TOLD THAT MY CLAIM WILL BE DENIED......I HAVE PERSONAL PROPERTY INSURANCE UP TO 18,000 MY FLOORS ARE MY PERSONAL BELONGINGS......I WAS TOLD IT WILL DENIED

This is easy: You should have called a competent roofer to diagnose the cause and origin of the leak since you are not a competent roofer. The leak would have been fixed and you wouldn't have this problem.

Floors are not Personal Property. They are part of the structure which is covered by Section 1 Coverages; Coverage A.

Also, as a rule, you determine the cause/origin of the loss and read the policy BEFORE you call the insurance company. It is clear that you did neither.

Many agents have their CSRs(who have no authority) tell insureds that this or that is not covered. The only party that can deny your claim is the claims unit of the company. It sounds like you may not have actually "filed" a claim. If you didn't get a claim number and a call from an adjuster, you don't have a pending claim. Most people, being told by a CSR "you will be denied", go away quietly and the company wins.

DO I HAVE ANY RIGHTS?

Well, yes you do. However it seems that you have taken every available opportunity to trample your "rights".

You should start by reading "Your Duties Following a Loss" found in Section 1 Conditions. Then you need to read Section 1 Coverages up to, and including, Additional Coverages. Then you need to make sure that every one of your duties is satisfied in the order given.

The next thing you will need to do is contact a competent, sophisticated roofer[oxymoron] who will identify as the cause of the leak, some covered peril and swear to it in an affidavit. He will also need some insurance claims experience along with lingual and critical thinking skills to defend your previous claim by asserting that your "repairs" actually fixed the problem and this is in-fact a new "occurence".

Otherwise, you will probably need the assistance of a shifty lawyer who specializes[has handled more than 15 or 20 cases] in 1st party Property Claims or a equally shifty public adjuster that will help you orchestrate the requisite pack of lies needed to address the policy language, coverage issues and explain your actions, both of whom will take at least 1/3 of your claim.

Good luck.

Claimlaw

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