How can I get the insurance company to pay this claim?

Question

The insurance company is hiring engineers to say the roof wasn't built properly, but I know it is from wind damage. I hired my own engineer that sais it is wind damage too but the insurance company still will not pay. The tiles are loose from the vibrations caused by the wind and the insurance company is saying that it is from poor workmanship. I already took this to mediation and they brought out the same engineer to say it is less that 3% damage from wind. Florida's buildind code states that it has to be 25%. If anybody has tips or ideas please let me know......

Answer 1

Normally, I would recommend that you send a complaint to the Florida Department of Insurance. However, since there is a disagreement between engineers, the FLDOI will not be able to assist you -- this is considered a "question of fact." Unfortunately, this matter will have to be litigated. You'll have to get an attorney and sue them.

Answer 2

If your insurance company has engineers stating that it wasn't built properly, and you have an engineer who is equally qualified but says that wind damage caused it, then you need to have your attorney (or hire an attorney) to keep pressure on and get some resolution. The insurance company will always rely on their engineering report.

Answer 3

If this has gone to mediation, and the mediation process was fair and proper, I can't see there being much point taking this to court. Unless you or your lawyer can show that the mediator was biased, performed a procedural error or that the process was improper (did the mediator read the report from your engineer?), you will be hard pressed to find a judge who will be sympathetic to hear a case that's went through proper mediation. Plus you have to keep in mind whether it will be worth it considering how much lawyers charge to go to trial.