ABC News reported on September 7, 2012 that State Farm Insurance
was under investigation in Texas for the way it handled thousands of hurricane
Ike claims. Apparently winds from Ike cause shingles to become unsealed. State
Farm Insurance’ opinion in this matter was that an unsealed shingle does not
constitute damage. The opinion is not
isolated to State Farm Insurance however. Other carriers take the same
position. That position however is unfair to policyholders making claims for
damages to their roof.
I stated in a workbook I prepared several weeks ago that
because the insurance company does not define what it considers damage, that
the policyholder is entitled to the broadest interpretation of that phrase. I
also indicated that something is damaged when there is a change in the
condition of the property between that time immediately before the event and
anytime following the event.
So let’s look at the unsealed shingle position as not constituting damages. The insurance companies (and presumably their engineers) opine that roofing shingles unsealed by wind will re-seal themselves after a period of time. What they fail to mention is how well the re-sealing occurs. If I pull a piece of tape off a plastic package and re-stick it back on that package the tape will re-seal, but it’s not the same. Once the seal on the tape is broken, it never seals back to the same degree and I believe the same holds true for shingles. As a former company insurance adjuster I’ve been up on roofs where the wind has broken the seal, the shingles easily lift up. I’ve also been on roofs weeks after wind has come through an area and lifted shingles. I’ve found the shingles on these roofs to have re-sealed, but the seals were weak and easily re-broken. I’ve paid for those roofs: why? Because the roofs were damaged by wind, that’s why.
A policyholder pays good money for insurance and should not
be faced with a re-interpretation of policy language after the loss. A policy
whose language is broad should afford coverage….period. Otherwise the
policyholder should be informed beforehand that the company arbitrarily denies
coverage for covered damages. That way they can make an informed decision
whether to buy that insurance or go to a company that pays for damage when
damage occurs. Of course the insurance industry can’t tell them that: they’d
sell no insurance if they did.
Bill
p.s. I don’t know how long the link will stay active but
here it is if you want to read the article for yourself http://abcnews.go.com/US/state-farm-faces-criminal-investigation-hurricane-claims/story?id=17167218#.UEytMVFSTW5
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