Legal Question in Insurance Law in Texas

ok here go's. a few months ago, a limb fell on our 2006 camper. we checked for damage, we found non our eyes could see. we went to go camping and found water damage. the camper is leaking on the side the limb fell the heaviness on. so we put a claim into our insurance. now they tell us they will not cover it do to useage and

seepage of water. we have only used this camper 6 or 7 time mostly just over night and no farther than 30 miles from our home. I also fell like they are calling me a lier about the limb falling on my camper, sence it did not put a hole in it. the limb broke the seal on the top of the camper. do I have a claim or not. thank you


Asked on 9/29/10, 7:10 pm

1 Answer from Attorneys
Robert Stephens Stephens & Stephens

You have a claim, but probably your carrier, like too many insurance companies, will refuse to pay it.

There is no exclusion for "useage", but it sounds like they are denying because you failed to protect the property after damage, thereby causing additional damage. You have no duty to protect if the damage is latent.

Get them to write you a letter setting forth the reasons for the denial and then write to the State Insurance commissioner and tell him they are being unreasonable and there is no legal reason to deny. They may not pay anyway, but there will be a record of the unreasonable denial.

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Answered on 10/06/10, 5:51 am


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