CAN I CLAIM A LEAKING KITCHEN CEILING ON MY HOMEOWNERS INSUR

by Guest » Fri Nov 27, 2009 09:18 pm
Guest

WHEN THE KITCHEN WAS ADDED ON TO THE HOUSE ABOUT 25 YEARS AGO, IT HAD BEEN A BREEZEWAY. OBVIOUSLY IT WAS NOT DONE PROPERLY BY THE PREVIOUS HOMEOWNER. I NOW HAVE A LEAK IN THE ROOF WHERE IT WAS ATTACHED TO THE HOUSE AND IT IS LEAKING INTO MY KITCHEN. CAN I CLAIM THIS

Total Comments: 3

Posted: Fri Nov 27, 2009 10:14 pm Post Subject:

Depends. Did leak just occur or has it been leaking and has now gotten worse? If it just happened than there is a good chance you can claim it. If it was a faulty install, you still may have a chance, however any damages that have occured as a result of the leak maybe excluded.

Posted: Mon Nov 30, 2009 04:53 pm Post Subject:

Homeowner's insurance will only pay for such water damage as you describe if there was a proximate cause such as wind or collision (as in a tree falling and punching a hole in the roof), or a ruptured pipe. Seepage of rainwater through a penetration caused by shoddy construction 25 years ago is not within the definition of "proximate cause."

You should fix the roof, and fix the damage to the ceiling, but you should not file a claim with your insurer because you have no insured loss.

Posted: Mon Nov 30, 2009 07:11 pm Post Subject:

Another thing to remember, in many states a filed claim goes on your insurance record and can lead to a surcharge. Some companies are calling a reported claim a "claim" for surcharge purposes...even if $0 is paid.

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