I filed a claim for water damage from a storm with PRIOR insurance co, repair was done, but now it has leaked again in the same area. Can I go back to my PRIOR insurance company to fix again or do I need to report to my current insurance?

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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: Jan 24, 2019

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Insurance Question from Monterey Park, CA

Asked on 01/24/2019

I filed a claim for water damage from a storm with PRIOR insurance co, repair was done, but now it has leaked again in the same area. Can I go back to my PRIOR insurance company to fix again or do I need to report to my current insurance? I had a leak and put claim through insurance. Repairs were made. 2 years later with heavy rains the leak has returned in the same exact location. Can I go back to my prior insurance who originally handled claim? or do I go with my current insurance?

Answer given on January 30, 2019

If you have damage to your home from a separate storm that is two years later, it is unlikely that the prior insurance company will accept any responsibility for the damages from the new storm. You should file a claim with your new insurance company. Of course your deductible will apply and unless it was a major storm, you could lose any loss free discount from your current insurance company. So make sure the damages are worth filing a claim. Get estimates before you file the claim with your new insurance company.  There is also no requirement that you point out this is the same area as the previous loss.

You may want to find a different contractor for the repairs to your home this time. it is possible the other contractor did not do a proper job, but it might also be that the area in question is a problem area based on the construction of the home and it could be the problem for the same leak. Many times leaks around a chimney can have an issue if the flashing there is not properly installed.  


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