house burned, nationwide wants to rebuild, they allow 2x4 ceiling joist 24 inches on center,?

Question

this was original framing on house,,,my question,, code has been adopted here that will not allow this,,is there some rule that says ins co must pay for code issues

Answer 1

No. There's an endorsement available on most policies, called "Building ordinance or law" coverage, which among other things, will pay increased costs to bring a building up to current code. It's NOT built in.

If you don't have this, then the insurance company pays for what you have, not for what the building code requires.

Of course, if your agent didn't offer that endorsement to you as an option, AND it was possible to buy it from Nationwide, it's possible you've got an errors and ommissions claim against the agent. If Nationwide doesn't offer it, you're out of luck.

Answer 2

Unless the 2 x 4s are integrated into roof trusses, or the span of the joists (distance between support walls or beams) is very small, it's hard to imagine that they would be adequate to comply with current Building Codes. Even if there are no living spaces above, Code requires attic floor framing to accommodate storage loads. If the only load on the ceiling joists is the sheet rock, it's may possibly be OK. Construction involving structural elements usually requires a building permit. I would recommend reviewing whatever plans are being used with your local building inspector, and/or hire an architect or engineer to review them. If there are no drawings, you should hire an architect or engineer to provide some. I can't imagine the insurance company can avoid Code compliance. Good luck.

Answer 3

Most "standard" homeowners policies will pay upto a certain percentage of the dwelling limit for increased cost of construction due to local building codes, but not all policies provide this coverage. You will need to check your policy and your declarations page to determine the exact coverage you have. It's a contractual question.

Also usually you can contact your state department of insurance and they will provide assistance at no charge regarding the claims handling practices of insurers.

Answer 4

there has to be and I would fight it
go to your towns building dept and get list of updated codes
Insurance companies MUST pay to have your home rebuilt
with an occupancy permit signed by your county
How can that be done if its not up to code!!! Thats what you pay insurance for! I worked in that business for 12 years and quite because they are without consciences they take your money to protect your house and everything is fine until you have a claim! Its the most or one of the most biggest industries that is built on deceit and my conscience couldn't take it DON"T stop till you get what is up to todays standards
You pay a certain amount to rebuild the same or comparable
building say 100,000 for building then you have 20% of that for personal effects then 10% of that for unattached structures
you pay for liability in case you hurt someone min. 100,000
and you have a deductable usually $1000-$2000 that you pay first unless youu buy it down If your property(building only cuz thats whats insured NOT WHAT THE WHOLE thing including land cost) insurance is up to date then in a total loss
you are entitled to 120,000 w/o separate garage and 130000
with! Get on your agents back and find out. It is his job to make sure each year to go over what your house is worth to rebuild etc.. If he hasn't done his job you might be able to go after him too! Sorry for ranting but Insurance companies are the biggest scammers on earth! GOOD LUCK sorry for your misfortune

Answer 5

It depends on your policy - does your policy have the language in it that says that the home will be rebuilt in accordance with increased code?

If this language is built into the policy - it is usually found in the Additional Coverages section under the title Ordinance or Law.

Answer 6

I would be amazed if rebuilding to current code is not required. Get the city/county building dept. involved.

Answer 7

Talk to a local lawyer or even a homeowner's advocacy group. Laws will vary from place to place.