Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 6, 2013

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Insurance Question from Provincetown, MA

Asked on 04/06/2013

Our Insurance Company denied our claim due to improper work being done on our roof, years before they became our Insurance Company. The damage in question is that our roof was replaced approx. 12 yrs ago with rubber instead of shingle. The insurance company we have now became our carrier 7 yrs ago. We had an issue with water coming in thru the window frame during a storm, and during inspection the contractor found that the soffit and facia on the building had become almost sponge, to the point that it would not hold a nail to attach new gutters. The contractors reported to us that it looked like no flashing was ever installed when the rubber roof was put on....Insurance saying not their problem, go after the roofer. ???

Answer given on April 11, 2013

Homeowner insurance covers sudden and accidental damage to your home. It does not cover a loss that occurs over a period of time, such as wet or dry rot. In addition, there is a specific exclusion for damage caused by faulty construction. In your case it sounds like the roofer took shortcuts and did not properly install the flashing, or install it at all, when they replaced your roof.If the roofer is still in business you should contact them about the damage to your home. It is likely their insurance company will deny the claim so you may have to file a lawsuit against them.It is always best to have your roof examined on a regular basis. Also, insurance companies often inspect a home before they will insure a home. However, it is unlikely they would have caught this omission, since the town inspector apparently missed it too, when the roof was done.


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