Legal Question in Insurance Law in California
Part of the roof flew off with the strong winds and the insurance doesn't want to cover the reroofing, they only want to pay to fix the part that flew off instead of paying for the entire roof. Is there anything we can do about that to have them cover the entire roof?
2 Answers from Attorneys
Not likely. Insurance covers what is necessary to put you back the way you were to the extent possible, before the covered event. It's not there to, and the insurance company is not obligated to, put your property in a better condition than before the event. Ultimately you usually are a bit better off, because old is replaced by new, but that doesn't mean you get new construction of a part of the building that was not damaged. If the part that did not fly off is old and deteriorated, that is wear and tear, not an insured loss. This would be a good opportunity to pay yourself to have that part replaced now, since it is almost sure to be cheaper to have it done at the same time as the repair, but the insurance company isn't obligated to pay for the additional work.
Mr. McCormick is very likely right. Most policies would work the way he describes in situations like yours. You may want to review your policy language with a lawyer and discuss the details of your loss to see if you're entitled to more than the insurer is offering.
Good luck.
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