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Submitted 172 days ago...

bobintexas

bobintexas

Brain (2,887)

Bad faith insurance claim?

My friend bought a home in September of 2008. He was required to have a home inspector look the property over and write a report. The report indicated that roof was not in need of repair. Three weeks ago the roof began leaking so bad that a drywall ceiling in one room fell to the floor. He contacted his insurance and asked me to look at it. I found the problem- the whole roof was installed improperly. It needed to be removed and a new roof installed in its place. I contacted a few roofers I had worked with and they all agreed the roofing and some of the sheathing had to come off. My friend contacted his insurance company and was told that the seller of the property had a similar claim in 2007 and that the insurance carrier issued him a check to replace the roof. Since the carrier paid for a new roof, they were not going to pay the new owners for any damages, other than the ceiling and that in order to renew his insurance at renewal time, he had to replace not only the roof on the house but on three outbuildings on the property at his expense. Since the previous owner (seller) disclosed that the roof was less than five years old, isn’t the insurance company liable to the new insured (my friend) to repair or replace the existing roof and the damaged ceiling? There was no warranty transferred but it appears that the seller used most of the claim money on other things and just repaired the roof using the Three Stooges Construction Company. Is this what they call bad faith?

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Answer 1 / 3 - Submitted 172 days ago...

bobintexas

bobintexas

Brain (2,887)

My feeling is that; 1) if the seller replaced the roof within the last five years he didn’t lie on the disclosure form; 2) Since the insurance company paid the seller, who replaced the roof with cheap material and labor, the new owner has a legit claim; 3) It was up to the insurance company to instruct the seller (who filed the original claim) what the money was to be used for. If you have an auto claim for an accident they give you an estimate and amount for each item: 4) You can’t visit the sins of the first guy on the second guy if the first guy replaced the roof with something slightly thicker than aluminum foil.
Any comments or precedence would be helpful.

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Answer 2 / 3 - Submitted 118 days ago...

skypilot69

skypilot69

Brain (3,564)

If i were you i would go after the home inspecter, if it wasnt for him you wouldnt be going thru this mesws your in now. thats why home inspecters are licenced and insured so get on the inspecters ass.

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Answer 3 / 3 - Submitted 117 days ago...

garrick

garrick

Contributor (91)

In addition to suing the house inspector, i would also seek to sue the real estate broker or brokers if they were used by the seller and/or the buyer. I strongly urge you to consult with an attorney who practices in real estate law. If the home was financed by a federal agency, they should be contacted too.

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Bad faith insurance claim?

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