Can a prior claim that was paid out allow an insurance company to refuse to pay for damages occuring later?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a prior claim that was paid out allow an insurance company to refuse to pay for damages occuring later?

I have a rental house that had some storm damage last year. The insurance company paid out on the claim, and said the damage wasn’t so bad as to need replacement, so I was waiting until my tenant moved out to do anything, but 6-8 months later a tornado came through and really tore up the roof. Now the insurance company says they will not pay out on the new claim. The original damage was mostly superficial, but the second storm was major. While I see both sides of the question, I wonder if it legally matters whether I replaced the roof, since even if I had it would still have been destroyed.

Asked on April 17, 2012 under Insurance Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you have are two different incidents under the presumed same policy with your insurance carrier. It is entirely possible that your insurance carrier can refuse to pay for damages to the roof of your rental taking the position that you did not repair the roof the first time and that the damages that you are making the claim the second time are the damages from the first event.

That is the problem that you are facing because you did not immediately repair the damages with the money paid from the first claim. Had you done so, you would have receipts and cancelled checks paid to the roofer who made the repairs.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption