Insurance Dispute Lawyer Blog
Dealing with hurricane and other forms of severe weather damage can be a truly confusing and stressful time for homeowners. Figuring out the best contractor to fix the work, temporary fixes for the damage, however severe, and moving on with life are all dilemmas people have to deal with in the face of such disasters. What makes things worse, however, is when insurance companies make it difficult to make a claim.
One of the most common ways in which insurance companies deny claims for righteous hurricane or storm damage is blaming the damage on wind or flooding, depending on coverage. In numerous cases post-Katrina insurance companies like Allstate and State Farm denied a claim of wind damage relief because the true damage was caused by flooding. The courts, though, have found that any flooding that comes as a result of damage caused by wind is thereby covered under a wind damage claim. That is to say, for example, if wind damage caves in your roof, all of the rain and water damage that results from the broken roof is covered.
The courts have further held that concurrent causation clauses like State Farm’s are capable of being knocked down because of the close proximity of damages. The overriding principle for homeowners to keep in mind is that if they can prove the wind damaged something, coverage by the homeowners wind policy should cover the damage, even if the flood came through afterwards and destroyed the home. The difficulty comes in to cases such as this, though, in the expert testimony and the proof claimants must provide that the wind came first.
When dealing with your denied claim in which your insurance provider is denying coverage on the basis of wind vs. flood causation, it is important to have the experts necessary to prove your case. The Berniard Law Firm knows all of the best experts to refute the insurance company’s claims that the flood came first. Excellent legal council, coupled with the experts that can tell the court exactly why you deserve your claim, can be the difference between rebuilding your life with help or rebuilding from scratch.
If your claim has been denied, call the Berniard Law Firm at (504) 521-6000 for a consultation on your storm damage claim and get the ball rolling on a lawsuit that can let you begin rebuilding your life.