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Suing state of florida

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RevalationSaint

Junior Member
Florida

Hi I am new here and initially I will not write a book here however I would like to understand If I can sue, what might be the correct State Agency.


My situation is this as result of having a roof put on my home and during the course of that roof install my home was severely damaged by a microburst rainstorm. The contractor had no tarps and took him about 45 mins to use roofing material to temporarily cover the house. I filed a claim with my insurance (separate issue) The contractor was fully insured but denied my claim because the coverage to cover such an event was excluded? I thought how absurd that in Florida the State would allow a contractor to exclude such coverage due to the facts it rains here often on a daily basis. It appears 99% of the roofers have the same type policy, which also excludes fire damage so they could burn your house down and the insurance would not cover it.

So my point is this, How can a state agency who regulates the roofing industry which requires a state issued license allow the public to be intentionally harmed by allowing this type of exclusion of coverage. I am sure that 1000's of residents of the state of Florida has suffered, the contractor is not required to divulge this information and as a consumer when I verify I am using a licensed and insured contractor by verifying their status on the states website it is false and misleading.

Am I wasting my time? This has cost me about 40k out of my pocket. I still cannot fathom how the state could allow even support this concept of such limited insurance. I filed my claim with the contractors insurance and it was denied, I still believe they have responsibility for the roof not being installed properly, my pool being damaged etc. I cannot find an attorney to assist me without paying upfront so the sharks must not smell blood.
 


Zigner

Senior Member, Non-Attorney
Florida

Hi I am new here and initially I will not write a book here however I would like to understand If I can sue, what might be the correct State Agency.


My situation is this as result of having a roof put on my home and during the course of that roof install my home was severely damaged by a microburst rainstorm. The contractor had no tarps and took him about 45 mins to use roofing material to temporarily cover the house. I filed a claim with my insurance (separate issue) The contractor was fully insured but denied my claim because the coverage to cover such an event was excluded? I thought how absurd that in Florida the State would allow a contractor to exclude such coverage due to the facts it rains here often on a daily basis. It appears 99% of the roofers have the same type policy, which also excludes fire damage so they could burn your house down and the insurance would not cover it.

So my point is this, How can a state agency who regulates the roofing industry which requires a state issued license allow the public to be intentionally harmed by allowing this type of exclusion of coverage. I am sure that 1000's of residents of the state of Florida has suffered, the contractor is not required to divulge this information and as a consumer when I verify I am using a licensed and insured contractor by verifying their status on the states website it is false and misleading.

Am I wasting my time? This has cost me about 40k out of my pocket. I still cannot fathom how the state could allow even support this concept of such limited insurance. I filed my claim with the contractors insurance and it was denied, I still believe they have responsibility for the roof not being installed properly, my pool being damaged etc. I cannot find an attorney to assist me without paying upfront so the sharks must not smell blood.
No, you cannot sue the State over this matter. If you want the law changed, the you need to work to have the law changed. As it stands now, the law is the law.
 

adjusterjack

Senior Member
You're wasting your time. YOU WILL NOT WIN a lawsuit against the state as the state HAS NO OBLIGATION to dictate what a contractor's insurance covers.

Besides that the contractor's insurance won't pay because of an exclusion (likely common to all commercial insurance policies) doesn't absolve the contractor of his liability for the damage to your house if he was negligent.

The problem there is that your house likely would have been seriously damaged even if the contractor had tarps with him so I really don't see that as being negligent.

I spent the final 7 years of my insurance career as a property claim rep with Florida in my claims territory. The majority of damage is done within the first few minutes of a storm and if you think it's easy to put tarps over a roof when the wind is blowing, try it some time.

I suggest you just accept the fact that your only way of getting your house fixed is either with your own insurance or out of your own pocket.

You noted that you are having a separate issue with your own insurance company. Explain, and maybe I can provide some helpful comments.
 

RevalationSaint

Junior Member
No, you cannot sue the State over this matter. If you want the law changed, the you need to work to have the law changed. As it stands now, the law is the law.
I find that somewhat hard to believe, I would think it is the states obligation as they set the standards to protect the consumer and intentionally setting standards that intentionally leave the consumer at risk and having no requirement for this risk to be revealed to the consumer by the contractor points directly to the state and it's negligence in establishing requirements that are known to expose the consumer to harm.
 

Zigner

Senior Member, Non-Attorney
I find that somewhat hard to believe, I would think it is the states obligation as they set the standards to protect the consumer and intentionally setting standards that intentionally leave the consumer at risk and having no requirement for this risk to be revealed to the consumer by the contractor points directly to the state and it's negligence in establishing requirements that are known to expose the consumer to harm.
Whether you find it hard to believe or not, it is what it is.
 

RevalationSaint

Junior Member
Thats Absurd

You're wasting your time. YOU WILL NOT WIN a lawsuit against the state as the state HAS NO OBLIGATION to dictate what a contractor's insurance covers.

Besides that the contractor's insurance won't pay because of an exclusion (likely common to all commercial insurance policies) doesn't absolve the contractor of his liability for the damage to your house if he was negligent.

The problem there is that your house likely would have been seriously damaged even if the contractor had tarps with him so I really don't see that as being negligent.

I spent the final 7 years of my insurance career as a property claim rep with Florida in my claims territory. The majority of damage is done within the first few minutes of a storm and if you think it's easy to put tarps over a roof when the wind is blowing, try it some time.

I suggest you just accept the fact that your only way of getting your house fixed is either with your own insurance or out of your own pocket.

You noted that you are having a separate issue with your own insurance company. Explain, and maybe I can provide some helpful comments.

The state absolutely determines the insurance coverage that a licensed contractor must have to be in compliance, How the state can allow insurance which provides no protection to the consumer as a requirement of the States licensing requirement is baffling. This agency is responsible for regulating trades to ensure bottom line the consumer is protected. I will pursue my course of action it baffles me that the initial comments are it is acceptable.

Regarding the tarps wise guy, it rained for 45 minutes before the non english speaking illegals figured out to use the deck defense product, if they started immediately when it rained perhaps the damages would have been mitigated.

I have learned both lawyers and insurance people have not much moral compass and do what they do in the name of profits, I will reopen my claim with my old carrier and if necessary I can find many lawyers .

Do you really think it is acceptable for the state to allow roofing contractors to operate without coverage for what could be a devastating event, not to mention fire is also excluded. Shame on the state not the contractor. This needs to be changed who knows how many people who have been stuck, I've been told I was lucky my ins paid at all.
 

Just Blue

Senior Member
The state absolutely determines the insurance coverage that a licensed contractor must have to be in compliance, How the state can allow insurance which provides no protection to the consumer as a requirement of the States licensing requirement is baffling. This agency is responsible for regulating trades to ensure bottom line the consumer is protected. I will pursue my course of action it baffles me that the initial comments are it is acceptable.

Regarding the tarps wise guy, it rained for 45 minutes before the non english speaking illegals figured out to use the deck defense product, if they started immediately when it rained perhaps the damages would have been mitigated.

I have learned both lawyers and insurance people have not much moral compass and do what they do in the name of profits, I will reopen my claim with my old carrier and if necessary I can find many lawyers .

Do you really think it is acceptable for the state to allow roofing contractors to operate without coverage for what could be a devastating event, not to mention fire is also excluded. Shame on the state not the contractor. This needs to be changed who knows how many people who have been stuck, I've been told I was lucky my ins paid at all.
Fee free to find a English speaking white person to give you advice. Have a good day.
 

CTU

Meddlesome Priestess
The state absolutely determines the insurance coverage that a licensed contractor must have to be in compliance, How the state can allow insurance which provides no protection to the consumer as a requirement of the States licensing requirement is baffling. This agency is responsible for regulating trades to ensure bottom line the consumer is protected. I will pursue my course of action it baffles me that the initial comments are it is acceptable.

Regarding the tarps wise guy, it rained for 45 minutes before the non english speaking illegals figured out to use the deck defense product, if they started immediately when it rained perhaps the damages would have been mitigated.

I have learned both lawyers and insurance people have not much moral compass and do what they do in the name of profits, I will reopen my claim with my old carrier and if necessary I can find many lawyers .

Do you really think it is acceptable for the state to allow roofing contractors to operate without coverage for what could be a devastating event, not to mention fire is also excluded. Shame on the state not the contractor. This needs to be changed who knows how many people who have been stuck, I've been told I was lucky my ins paid at all.
Q4P.

You really are a special sort of idiot, aren't you?
 

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