What steps do I take towards my homeowner’s insurance company for denying a hail damage claim on my 7 year old roof?

My area was hit by a hail storm 2 months ago. Several houses on my street are receiving new roofs due to the damage. My home sits between 3 homes that are receiving new roofs due to the hail damage, one of which has a roof that was 27 years old, yet my insurance company replaced it with no problem. That house is owned by a man and I am a single woman. I can’t help but feel this is some form of discrimination. My roof was blemish free and now it has black gashes where the hail damaged it and compromised the life of my roof.

Asked on November 12, 2011 under Insurance Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Insurance companies have to pay as per their policies, which, after all, are contracts. If under the terms of the insurance policy, they should pay, that's what they need to do; if they do not, the insured may sue the insurer for breach of contract, to enforce the policy obligations. If you believe that the insurer has not paid or done what it is supposed to under your insurance policy, consult with an attorney about whether it makes sense, under all the specific facts of your case and the language of the policy, to sue the insurer. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.