Is a crumbled foundation where structural failure is immenent a deniable claim

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Is a crumbled foundation where structural failure is immenent a deniable claim

during heavy rains sistern wall collapsed and caused structural integrity issue
Allstate says i am not in good hands

Asked on March 2, 2017 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Insurance is not for issues resulting from the passage of time or normal "wear and tear," weather conditions, or earth subsidience, again occuring over time. Insurance is for damage done by sudden, discrete events. So the foundation has crumbled or weakened over time and that is what is posing or substantially contributing to the risk, then insurance would not cover.
That's the general rule. In addition, insurance polices are contracts: you need to review the terms of an exclusions in your specific policy to see how they affect coverage. If damage, etc. from issues or conditions like this are excluded from coverage or reasons for denials, that would be legal.


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