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Roof Claim Denied Because of Preexisting Damage? Begin Your Appeal

Has your roof recently suffered hurricane damage or hail damage? Was your homeowners insurance claim denied by your insurance provider? It is natural to feel frustrated, confused, and overwhelmed if your insurance company has denied your roof claim by claiming it is preexisting damage instead of performing a roof repair or providing you a new roof.

Sadly, insurance companies increase their profits by denying home insurance claims. Thankfully, the insurance claims process often allows policy holders to pursue an appeal when an insurance company denies a roof insurance claim. If you find your roof claim denied because of preexisting damage, begin your appeal immediately instead of simply paying for a new roof.

Can I Dispute a Roof Claim Denial?

Yes, you can dispute a roof insurance claim denial with your insurance company. If you believe your insurance company has unfairly denied your homeowners insurance claim due to preexisting damage, you may be able to contest the denied roof claim. Specifically, your insurance company may have an internal appeal process for insurance claims. Alternatively, depending on the facts of your accident and insurance claim, you may be able to sue your insurance company for bad faith under Florida law.

Reach Out to Tighe P.A. To Begin Your Denial Appeal

Due to the complex nature of Florida’s insurance laws, representation by an experienced insurance attorney is essential when appealing a denied roof insurance claim. At Tighe P.A., we focus on helping homeowners who have been harmed by property insurance companies. Our experienced property insurance lawyers can guide you through the appeals process for your denied claim with your insurance company and work to get you the compensation you deserve.

What Is Preexisting Damage?

Insurance companies frequently deny roof claims by arguing the roof damage is a preexisting condition despite the validity of the insurance policy. Preexisting damage refers to any damage which existed before you began receiving coverage under your homeowners insurance policy. This is because homeowners insurance policies often contain language which excludes coverage for preexisting damage, which means insurance companies and insurance adjusters have strong financial incentives to use this as justification to deny otherwise valid roof damage claims.

Lack of Appropriate Maintenance

Despite purchasing homeowners insurance from an insurance company, a property owner must maintain their home and conduct roof repairs. If you fail to maintain your roof properly, your insurance company and their insurance adjusters may consider any resulting damage to be preexisting. Along with this, improper maintenance can also include prior roof repairs which were substandard.

Wear and Tear Over Time

Over time, your roof may experience wear and tear from exposure to the elements. Your insurance company and the insurance adjuster may deny your claim by arguing the damage to your roof is due to wear and tear, or underpay your claim by using wear and tear to reduce the value of your roof. Stated simply, you are still obligated to maintain your roof.

Damage From Lack of Temporary Repairs

In addition to having a duty to maintain your roof by performing regular roof repairs, you must mitigate your damages following an accident or storm. If your roof suffered storm damage, you should attempt to minimize the damages or make temporary roof repairs to prevent further interior damage. Any resulting damage from a roof leak may be considered preexisting by your insurance company and the insurance adjuster if you temporarily fail to repair your roof after a storm or other event. 

What You Should Do Next

If your roof claim has been denied by your insurance company due to preexisting damage, you should request your insurance company send you the reason for their claim denial in writing. A denial letter will give you a clear understanding of why your insurance claim was denied by your insurance company and the insurance adjuster. You should also review your homeowner’s insurance policy to clearly understand your legal and contractual rights.

Hire a Property Insurance Lawyer

Dealing with insurance companies is often a difficult and complex process especially when insurance denial prevents a roof replacement or roof repair. An experienced property insurance lawyer can help you navigate the insurance claim appeals process and fight for the benefits you are entitled to receive from your homeowners insurance policy. A property insurance attorney can also help gather crucial evidence and documentation to strengthen the appeal of your homeowners insurance claim.

File an Appeal or Formal Complaint

Depending on the language of your homeowners insurance policy, you may be able to internally appeal an insurance claim denied by your insurance company. If you do not want to pursue a time consuming appeal for a roof claim, you can file a complaint with the Florida Department of Financial Services. Filing a formal complaint forces your insurance company and the insurance adjuster to re-review your homeowners insurance claim for incorrect information and to ensure they are not engaging in bad faith for the insurance denial.

Internal Appeals vs. External Reviews

Your insurance company should handle the internal appeal of your denied insurance claim. This will probably require you to prepare an appeal letter directed to your claims adjuster regarding your denied roof claim. Aside from explaining why your insurance claim should be accepted, you should attach relevant evidence such as copies of records of regular inspections before your roof sustained damage. You should also attach records showing you repaired previous damage.

An external review of your roof claim by a professional roofing contractor or other licensed professional may strengthen an appeal of your denied claim. An independent roof inspection can offer a second opinion of your roof damage as opposed to the analysis performed by your insurance company. Alternatively, Florida law also allows you to request your homeowners insurance claim be mediated however, your insurance company is not obligated to agree to mediate your homeowners insurance claim.

Tighe P.A. Can Help You With Your Insurance Denial Appeal

Insurance companies spare no expense in contesting homeowners insurance claims in order to avoid spending more money on roof repairs. At Tighe P.A., we have a proven track record of success in helping homeowners appeal denied insurance claims. Along with our favorable case results with denied insurance claims, our dedication to our clients can be seen in our numerous favorable Google reviews.

Contact Tighe P.A.’s Property Insurance Claim Lawyers

Do not give up hope if your homeowners insurance claim is denied by your insurance company. At Tight P.A., our insurance coverage attorneys are unafraid to fight powerful insurance companies to ensure they perform roof replacements and cover repairs. If your insurance company denied your insurance claim without a valid reason, our law firm can guide you through the insurance process and appeal your denied insurance claim.

We will fight to ensure your homeowners insurance claim is approved. We will do all we can to ensure your damaged roof is repaired by your homeowners insurance company instead of you having to explore personal loans, financing options, or retaining a public adjuster for a roof replacement. Contact us today for a free consultation for your homeowners insurance claim.

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