What are my rights regarding the repair of my roof which sustained minor damage in a recent storm?
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What are my rights regarding the repair of my roof which sustained minor damage in a recent storm?
I filed a claim with my homeowners insurer and it sent out an inspector. They determined that there were several (4) shingles damaged. The shingles are of a model discontinued 9 years ago (they were the subject of recall and lawsuit).The insurance company contracted with a company that located some of these shingles and wants to install new old stock on my roof. I don’t believe the installation of these shingles is an adequate repair and I believe the roof should be replaced. Do I have any recourse if I were to pursue a legal challenge to their settlement of my claim?
Asked on July 17, 2014 under Insurance Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You could try to sue the insurer for breach of contract and breach of the covenant of good faith and fair dealing (the obligation to deal fairly with the other parties to contract) if you feel that they are not honoring their obligations to you under the insurance policy, but not paying for the required level of repair. If you win, you could force them to pay for a replacement--but if you lose, you will have the cost of a lawsuit and nothing to pay for it.
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