Is insurance company liable for bad work? Is it wise to file a claim for damages?

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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 19, 2013

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Insurance Question from Inkster, MI

Asked on 01/19/2013

Is insurance company liable for bad work? Is it wise to file a claim for damages? water to seep in the walls. Drywall was removed and replaced. However, the company covered the wet studs in Killz, which have now routed from the inside & have attracted carpenter ants. The bottom studs are seperating from the foundation on both the front & back walls of home. The repair company has gone out of business. Is the insurance company liable? Is this something I can file a claim?

Answer given on January 28, 2013

If you had water damage to your home the insurance company would inspect and give you an estimate. Usually you then contact a company to make the actual repairs. The insurance company may offer the names of companies who can do the work, but they usually do not require you to use the company they recommended.If the work was improperly done, it is unlikely the insurance company will accept responsibility for the improper work. However, sometimes if you use an authorized company they will guarantee the work. You can call the insurance company to discuss the claim and see if the company you used was someone they stand behind. If so, they may pay for the damage, but it would depend upon how long it has been since the damage occurred. Unless they accept the responsibility, there probably is no coverage for the damage, as rot and insects are not covered under the homeowner policy.

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