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Loss of Continuity


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Posted by tonyb on April 19, 2001 at 15:33:38:

"Lust, Adam" wrote:
>
> Hello!
>
> I found your Internet site and thought I would ask a question. I recently had roof damage due to a wind storm. I lost about 15 tabs worth of shingles off one side of my roof. I have replacement cost coverage on my homeowners insurance. What are the chances I will be able to replace my entire roof with an insurance claim?
>
> I'm of course hoping my entire roof will be covered. However, my insurance company says they generally only cover either the one side that was damaged, or else just cover the cost of repairing it by inserting new sheets of shingles where the old sheets with the bad tabs were.
>
> I guess what I'm asking is, with replacement cost coverage, what are my chances, or perhaps I should say legal rights, of having my insurance company cover the cost of replacing my roof?
>
> Thanks in advance for your answer! I really appreciate it!
>
> Sincerely,
>
> Adam Lust
>

Hi:
Loss of continuity is a valid part of a claim. However, it becomes amatter of opinion as to what affect there has been in the overall appearance. The court found that the proper standard of repair on the policyholder's roof would have been to replace the roof. The insurance company was held to be arbitrary and capricious in denying replacement cost damages. The insurance company was made to pay twelve percent of the total amount of the loss, as a penalty, plus attorney fees: Higginbotham v. New Hampshire Indemnity Co., 1987 F. & C. 1018 La. App. 3d Cir., 1986. You are entitled to be "made whole as before the loss." If, for instance, roof rafters are partially burned but instead of complete replacement, rafters are estimated to be nailed alongside the partially burned rafters, the building code may allow such repair; however, you would not be made whole as before the loss. By claiming the replacement of all rafters that need total replacement in order to be as it was before the fire, you may also find that it will increase the scope of repair to roof sheathing and shingles because they must be removed in order to replace rafters. Also, adjusters commonly take the position that an elevation of a roof not in plain sight of the damaged elevation, should not be considered part of the loss. However, as an example of an argument for continuity, an aerial photo that happened to include the roof of an insured home with only the damaged elevation replaced, would stick out like a sore thumb. That may not be as remote a possibility as one may think. I recently inquired about property in the town where I live and was shown an aerial photo of the exact neighborhood. And, how is something that matched before the loss, that does no longer match after the loss, full indemnity? Keep in mind that what first appears to be the low estimate may not be the low estimate at all. Only after your comparison of estimates will you know the scope and cost of repairs you may want to claim. It is still your right to claim what you are entitled to on some policies. If you cannot resolve differences you may want to use the Appraisal process although many policies no longer offer that as a way to resolve amount of loss issues. Some other claim filing information is available at http://www.disasterprepared.net/deserve.html


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