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Old 10-26-2017, 09:31 AM
 
4 posts, read 3,270 times
Reputation: 10

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Is it possible to fight a wind driven rain exclusion on a denied insurance claim?

When I got the policy my agent just said I would have a reasonable deductible for all perils including hurricane. I wasn't even given an option to pay extra for protection for wind driven rain.

The lady denying my claim seemed to imply this happens all the time, and unless you know to look for it, they're going to sneak that in on you in the final paperwork.

Do they ever budge on this? Based on the statements my agent made, it seems it would be reasonable for me to think the damage would be covered. She certainly never mentioned to me verbally or in our email correspondence that they would be adding that exclusion.

I was sent a brochure stating I could request mediation, although if they snuck that in on the final policy I'm not sure the mediator would side with me, plus it seems like you have to take off work and go to a hearing, etc. Is there anything else I could do?

My loss is about $8,000, but I'd be willing to take a lower amount as I could do a lot of the work myself.
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Old 10-26-2017, 01:32 PM
 
14,394 posts, read 11,232,217 times
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What’s your hurricane deductible? Might be close to that anyway.
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Old 10-26-2017, 02:22 PM
 
12,016 posts, read 12,746,342 times
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There is a law I"ve heard of recently that is the insurance company denies the claim and you take them to court if you win they have to pay for your lawyer.

Here is one link in my area Fort Myers Hurricane Insurance Claim Denial Attorney

Google your area to get a free consultation.

Also have you tried to file a claim with FEMA?
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Old 10-26-2017, 03:10 PM
 
4 posts, read 3,270 times
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Quote:
Originally Posted by markjames68 View Post
what’s your hurricane deductible? Might be close to that anyway.
$1,000
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Old 10-26-2017, 06:00 PM
 
176 posts, read 216,973 times
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Quote:
Originally Posted by FloridaBeachDude View Post
$1,000

That is a pretty low hurricane deductible. Often it is 2 to 5 percent of the insured home value and is unrelated to the other deductibles on the policy.
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Old 10-26-2017, 07:18 PM
 
Location: Ormond Beach, FL
1,615 posts, read 2,140,103 times
Reputation: 1686
Hurricane Matthew damaged our home and we had no problems with our insurance company Florida Peninsula. We had a 5% deductible and part of the damage was from our roof leaking when the shingles were blown off. Our insurance coverage is a requirement of our mortgage. If you don't have a mortgage you could have a policy that a mortgage lender wouldn't allow.
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Old 10-26-2017, 08:20 PM
 
4 posts, read 3,270 times
Reputation: 10
Quote:
Originally Posted by stumble View Post
That is a pretty low hurricane deductible. Often it is 2 to 5 percent of the insured home value and is unrelated to the other deductibles on the policy.
Its not low when the don't cover anything.
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Old 10-26-2017, 08:24 PM
 
4 posts, read 3,270 times
Reputation: 10
Get this, now they admitted the my original policy covered wind driven rain, but stated an endorsement was added afterwards excluding it, and they claim they are free to add endorsements to limit the coverage at any time, and just need to send me a letter (of which I never got one) stating the endorsement was added.

How is this even legal?
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Old 10-26-2017, 08:32 PM
 
14,394 posts, read 11,232,217 times
Reputation: 14163
Quote:
Originally Posted by FloridaBeachDude View Post
Get this, now they admitted the my original policy covered wind driven rain, but stated an endorsement was added afterwards excluding it, and they claim they are free to add endorsements to limit the coverage at any time, and just need to send me a letter (of which I never got one) stating the endorsement was added.

How is this even legal?
Ask them for proof that you received the endorsement letter. Probably worth consulting an attorney now.
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Old 10-26-2017, 10:15 PM
 
Location: Sarasota/ Bradenton - University Pkwy area
4,612 posts, read 7,529,570 times
Reputation: 6026
Quote:
Originally Posted by FloridaBeachDude View Post
Get this, now they admitted the my original policy covered wind driven rain, but stated an endorsement was added afterwards excluding it, and they claim they are free to add endorsements to limit the coverage at any time, and just need to send me a letter (of which I never got one) stating the endorsement was added.

How is this even legal?

They grease the right palms up in Tallahassee.

Sounds very similar to what happened to my spouse 10 years ago regarding health insurance and a well known national insurance company. They changed the policy coverage, claimed they sent notification by mail (never received it) and we only found out about the coverage change when he had a medical emergency that required a hospital stay. Talked to a number of sources and all said if they have language in the policy that states it's subject to change at their discretion (it was there), then there's nothing that can be done. Go back and read your insurance policy carefully, something similar is probably there.
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