state farm refuses to pay claim homeowners

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state farm refuses to pay claim homeowners

hail storm may 26th, Roof insurance denied. We have had them for over 30 years.
Area hit with golf ball size hail on May 26th. Half the roofs in the neighborhood
have been replaced since then including both on each side of our house.
Travelers, Hartford, and Chubb have been great to work with. State Farm agrees
there is damage but says because of the sun pulling the pock marks out of the
shingles they cannot be sure it is due to hail.They agreed pock marks all over
moss on the roof show hail hit roof but State Farm adjusters said the pock marks
on the shake are gone now from the sun. The splits may or may not be from the
hail.

Asked on December 29, 2016 under Insurance Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your insurer must pay claims when the terms of the policy and the facts of the damage indicate they have to pay. If they refuse to pay when you think they should, you could sue them for "breach of contract"--for violating their contractual obligation (insurance policies are contracts). If you can prove that given the terms of your policy and the facts they should have paid, you can get a court judgment or order requiring them to pay. For a claim like this, you would likely need a written report and testimony from a roofing contractor or some similar expert, to be able to testify based on training and experience as to the cause of the damage.


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