Storm Damage Attorney

The “Second Storm”: Fighting the Insurance Denial

Insurers are keenly aware that storm damage is expensive to fix. As a result, they have developed sophisticated strategies to limit their liability. They may argue that the damage was “pre-existing,” caused by “improper maintenance,” or due to “wear and tear” rather than the storm itself.

One of the most critical factors in these disputes is the language of your specific policy.

Many policyholders assume they are covered for everything. However, the difference between an “All-Risk” policy and a “Named-Peril” policy can determine the outcome of your claim.

• Named-Peril Policies: These only cover the specific events listed in the contract. If the insurer can argue that your loss was caused by something not on that list, they will deny the claim.
• All-Risk Policies: These generally cover all physical losses unless they are specifically excluded. Here, the burden of proof is on the insurance company to prove why they shouldn’t pay.

Insurers often hire their own engineers and architects to produce reports stating that the damage falls under an exclusion. We level the playing field. We work with independent experts to prove the actual cause of loss and hold the insurer to the letter of your policy.

We Handle All Forms of Severe Weather Litigation

Wind damage is often more than just missing shingles. High-velocity winds can lift roof decks, compromise siding, and cause structural issues.

Ice Dams and Snow Load Heavy snowfall can lead to structural collapse, while the freeze-thaw cycle creates “ice dams,” ridges of ice that prevent melting snow from draining. This water backs up under the shingles and leaks into your home.

Rain and Water Intrusion. The source of water that damages your home is often crucial to determining whether coverage will be extended. Insurers usually classify damage as “groundwater,” “surface water,” or “flood” to avoid obligations under their policies.