What can I do if my homeowner’s insurer has denied the claim on my roof?

It denied my claim saying that the roof was not due to roof deteriorating that was 10 months ago. I then got a letter in the mail last month saying that it will not renew my policy. I called my agent and they said that the roof was the same back 10 years ago like it is now, so the claim is not going to be looked into again. I paid them all this time and never had one claim; now they’re just dropping me because they don’t want to pay for the roof. What are my options?

Asked on November 3, 2017 under Insurance Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It all depends on the specific facts regarding the claim. If the condition in question was covered under the policy, then it must be paid. Since the policy consitutes a legal contract, then if you are not compensated as per its terms, then you can sue for breach of contract. To prevail, you will need to demonstrate to the court that the condition of the roof qualifes as one that is covered.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An insurance policy is a contract; the insurer must pay when the terms of the policy, as applied to the facts of the situation, require them to pay. If you believe that they should pay this claim, you could sue them for "breach of contract," or violating their contractual obligations. If you can convince a court that they should pay, you can get a court order or judgement requiring them to do so.

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