How to resolve an insufficient payment on a roof replacement claim after sale of home?

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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: Oct 12, 2011

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Insurance Question from Columbus, OH

Asked on 10/12/2011

How to resolve an insufficient payment on a roof replacement claim after sale of home? We bought a home that needed a new roof. As a condition of the sale, the sellers' insurance co. agreed to replace the roof, and a roofing company agreed to accept any amount from the ins. co. using standard calculations. As part of settlement, we received a check made out to the roofing co. for the full replacement amount (everyone assumed). Later, when the roofers measured to start their work, they found the ins. calculations were wrong and the amount paid was much too low. Now the ins. co. says it's not responsible because it no longer insures the property. What do we do? Appeal to whom?

Answer given on October 13, 2011

An insufficient payment for the replacement of a roof due to miscalculations by the insurance company should be corrected by the insurance company. Even though they no longer insure the home, they did insure it at the time of the loss. Cancellation of the policy does not absolve them of payment required to replace or repair the roof.You should speak with the insurance agent or adjuster who handled the insurance prior to your ownership. You may need to seek assistance from the seller, but the agent should be able to help you contact the insurance adjuster. If the adjuster is unwilling to amend the payment, ask to speak to a supervisor. Advise them of the problem (miscalcuation of the roof) and ask for an additional payment to resolve the issue. The company is required to provide a fair and honest settlement. I’m sure the roofer will be willing to help you work this out, since they want to be properly paid.

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