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Lawsuit Filed Against Homeowners Insurance Company for Wind Damage to Tile Roof

By Mark Nation on November 29, 2011
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My client, a local lawyer, sustained substantial wind damage to his tile roof as a result of the severe unnamed storm that hit our area on March 30, 2011.  He submitted the claim to his homeowners insurance company.  The insurance company had his roof inspected by an engineering firm that found that his tile roof – which had been in place for about 15 years without any problems – had been improperly installed.

Based on the engineering report, the homeowners insurer denied the claim.  The insurer and the engineering firm it hired ignored the facts that: 1) prior to March 30, 2011 the roof was working perfectly; and 2) during the storm, many of his roof tiles were blown off and others shifted.

Yesterday, I filed a lawsuit against the insurance company for breach of contract. I suspect that once the insurance company hires a lawyer he will tell the insurer to settle this case.

The important lesson for homeowners in this case is that you still have options even if your insurance company hires a professional engineer who writes a report against you.  My promise is simple: I will review any insurance denial for free.  Never evaluate an insurance company denial on your own.  What may seem like a bullet-proof denial to you, may really be simple to overcome. 

As with most of my roof cases, if I win, the insurance company will be required to pay my fees and costs, and if I lose, I’ll work for free.

Photo of Mark Nation Mark Nation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications

Read more about Mark NationEmail
  • Posted in:
    Insurance
  • Blog:
    Florida Insurance Blog
  • Organization:
    The Nation Law Firm

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