![]() Viewing the evidence in the light most favorable to Mr. In that situation, the damages would be covered under the Policy and Allstate would have breached the Policy by denying coverage. Wheeler can prove the damages he is seeking were caused within the first 13 days of the release, then the damages fall outside Exclusion 3 and inside the Exception to Exclusion. The Court of Appeals agreed with the insured because it felt that:į Mr. On appeal, although the insured conceded that long term water damage was excluded, he argued: (1) that there was a dispute over whether all of the damage was long term, and (2) that he should be able to recover for the water damage that was sudden and accidental. The trial court concluded the insured’s damages were excluded under Exclusion 3 and did not construe the exception to the exclusion or analyze its application to the facts presented. The policy also provided an exception to the water damage exclusion where the damage was caused by the sudden and accidental escape of water from a plumbing system. Under Exclusion 3 of the Policy, Allstate disclaimed responsibility for damage “consisting of or caused by … eepage, meaning continuous or repeated seepage or leakage over a period of weeks, months, or years, of water … from, within or around any plumbing fixtures, including … sinks.” The Allstate policy contained an exclusion for long term damage. After the insured submitted his claim to the insurance company, it was denied because its expert determined that the damage arose from seepage over time. In Wheeler, the insured’s cabin suffered water damage after a leak in a sink initially went undetected. Allstate Insurance Company, 1 the 10th Circuit Court of Appeals recently provided an alternative approach to evaluate these claims to provide insureds with a methodology to trigger coverage where some (but not all) of the damage may not clearly be long term damage. ![]() In these situations, insureds need their own expert to prove that the damage is not long term to have any chance of prevailing. A professional home inspection can help you make a more educated buying decision and avoid costly repairs later.We have all seen it – an insured has a water damage claim the insurance policy has an exclusion for long term water damage occurring over a period of weeks, months, years (or even 14 days) and the insurer’s expert claims the damage is clearly long term. After the house keys change hands at closing, any issues with the home now become yours to remedy. While prior claims should have no effect on your home insurance premiums, previous damage suggests it may be wise to take a closer look. However, if you were not the owner of the home at the time of the claim, the claim is not yours and should not affect your home insurance rates. Many home insurance claims find their way into insurance databases, so it's possible that your agent or broker may ask you about prior claims for your home. Others might focus on foundation or structural concerns. For example, some home inspectors specialize in mold damage. In some situations, it may make sense to hire an inspector who specializes in certain types of damage. ![]() Consider hiring a home inspector to perform a full evaluation of your home’s condition. Clues showing hidden damage can be difficult to find for the average homeowner. If your home has had a prior claim, the primary concern for you as the new homeowner is whether the previous homeowner had the damage repaired properly. Specialized drying equipment can fully remove moisture from the hidden nooks and crannies of your home. A proper fix likely involves a professional contractor. As an example, water damage from a burst pipe can leave moisture in places missed by homeowners. Some types of damage can be severe, however, often requiring professional repair and specialized equipment. Instead, you can probably solve the problem in an hour of your spare time on a Saturday with a small repair. ![]() ![]() This situation does not require a home insurance claim. For example, maybe you bump into the wall while moving a table leaving a table-shaped dent in the drywall. Most of the ways a home might become damaged fit into the category of minor mishaps. However, depending on the type of damage the home suffered, you may want to take extra safety steps or even consider purchasing a different home instead. Will buying a home that has had a previous home insurance claim affect your rates?Ī previous claim filed by a prior homeowner should not affect your premiums. Not all these claims involve damage to the home, but many do, and the damage can be extensive sometimes. One in five homeowners file a home insurance claim each year. Buying a Home That Has Had a Prior Insurance Claim ![]()
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