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Potential Class Action Lawsuit: Hail/Wind Damage

Posted by EXXXposed 
Farmers Insurance is a joke! In the fall of 2011, we had a huge wind/hail storm come through our neighborhood. A lot of our neighbors had damage to their roofs and ended up getting their roofs replaced with their insurance company. We looked out our roof from below and noticed a few shingles missing but didn't really pursue anything just because everyone else was. Well, that spring in 2012, we had another huge hail/wind storm. We noticed our roof had more shingles missing so we had a roofer come look at our house. He said we should have gotten our roof looked at during the last storm because he saw a lot of damage from wind/hail.

We filed a claim with Farmers and an adjuster came out and said we didn't have enough damage to get a new roof. I thought that was crazy since all our other neighbors had a lot of damage (especially seeing as the neighbors on each side of our home got a new roof after that spring storm). It's like the storm missed our house I guess. They said we had some damage but not enough. We left it at that and didn't fight. However, in October of 2012, we had another awful wind/hail storm. This time, our roof started leading. The remaining neighbors in our neighborhood got roofs that month. We had the roofer come look at our house again and he say more damage from this storm and said he's been in the business over 20 years and said we had so much damage in different areas that it warranted a new roof. We had a new adjuster come out. Of course he pulled our records from the spring showing we had filed a claim last spring. So, he basically had his mind made up to deny us. He didn't even take pictures when he came to look.

This infuriated me. So, I had two more roofing companies come give me an opinion (without telling them about my issue with farmers as I wanted to get a real opinion). Both companies said this was an easy replacement and I shouldn't have any issues with my insurance. That's when I told them the story of Farmers. They both said they hate that insurance company because it's one of the very few that always denies full replacement of roofs. So, I asked for a 2nd opinion from Farmers. They sent this guy out and he wasn't friendly. I had my roofer come out with him. My roofer said by talking to him that the adjuster had already decided to deny but he was appeasing me. Really?? I had 3 very reputable roofing companies each telling me I needed a replacement due to the extensive hail/wind damage in various areas of the roof and they still deny me?? I filed a complaint with the state. That didn't get me anywhere as Farmer's wrote back saying they stood by their people.

I ended up putting a new roof on my house at my full expense. I also dropped Farmers. They had my life, auto and home. I took all my business from them. My agent was mortified that Farmer's denied a roof replacement as well. I told her if she was so mortified, perhaps she should find a new company to work for. Very sad that Farmer's had to be so greedy. It's such a disappointment. But I got around and tell EVERYONE I meet my story about Farmer's. I have steered at least 5 people from choosing them when they were shopping, so at least I saved those people some heartache. I am still spreading the truth about that company!

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It is discouraging (at best) reading these personal accounts and interactions with Farmers but these sure seem to represent the path I am currently headed down. I've been with Farmers for over 15 years (Life & Auto) and for just over 10 years on our current homeowners policy. In late June 2014 we had a hailstorn and I've had a reputable roofing contractor (referred to me by my Farmers agent) provide me his findings in writing stating that my roof should be totalled due to hail damage. With this information in hand, I filed a claim with Farmers.

During the phone call with the claims center, I was reminded by the Farmers rep that we had a $1,000.00 deductible that would need to be satisfied. I acknowledged his information and the deductible amount as this is what my wife and I had both understood throughout the 10 year life of our homeowners policy. That claims call was made yesterday (7/14/2014). Today, the 15th, my agent calls and says that he sees that I've got my claim filed and amongst all of his guidance, advice and process information he makes the comment that we've got a deductible amount of 1% of the total amount covered (in this case, our $300,000.00 homeowners coverage limit means that our deductible would be $3,000.00. Not the $1,000.00 deductible that we've understood for over a decade).

Anyway, I stopped my agent and asked for clarification on this as I couldn't believe what I'd heard. He confirmed the $3,000.00 deductible amount and stated that "our policy had renewed last November (2013) and that for roof damage resulting from hail and/or wind that the deductible amount/calculation had been changed". My wife is an accountant and is VERY particular at retaining/dealing with information like this and she also collects, reads and files all mail we receive pertinent to our lives, bills, home, etc. We received no notification from Farmers that our policy had fundamentally changed, that our deductible amounts had been modified or that any riders/exclusions like this had been added. I guess I've never even considered that a policy could be altered/modified in this way without clear, written notification. In our case, it seems that a continued payment of premiums (via direct withdrawal as it's always been) represents "assumed consent" for the policy changes that were made.

Not a great start to this process (for which I'm admittedly ignorant as we've never made a prior homeowners claim). The adjuster is scheduled to come out next Tuesday (7/22/2014) and after reading though all of the experiences shared here I no longer have my hopes up that the remaining process won't be frustrating, time consuming and ultimately fruitless. Following the findings and report from the (agent recommended) roofing contractor, I wasn't expecting the "punch in the gut" deductible information and what I've subsequently read on here.

Anyway, if anyone has specific or direct knowledge as to the legality of changing policy provisions (like deductible amounts) without any notification to us, or acknowledgement from us, I'd be interested in getting educated and some advice on this topic. At a minimum, its one heck of a tactic on behalf of Farmers and if they've done this to our policy there may now be hundreds or thousands of policies that now contain this same language. Ultimately, its a BS provision that I wouldn't accept if I were soliciting for a new policy today. A $3,000.00 deductible for hail/wind damage to a roof where that replacement cost value is approx $9,000.00 is a complete joke. That's like having a $6,900.00 deductible to cover your $20,000.00 automobile. A 33% deductible amount against the overall cost to replace something like this is ludicrous. Apparently, ten years worth of premiums put into a saving account would've been a better strategy for for dealing with my property damage.

Any guidance/advice would be appreciated.

Regards,

Doug

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they just informed me that i have 5% ins. on my homeowners . for hail damage ON MY ROOF. ( $8000 DEDUCTABLE). THE COST TO REPAIR THE ROOF IS MY DEDUCTABLE. Damn. why do i have ins? what is 5% going to cover??????

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I need some help and I'm running out of time. is through Safeco Insurance - Has there been any lawsuits regarding the same matters that State Farm just went through?

We pay additional Premiums for the below however now that we have a Hail/Windstorm Claim in Process Safeco nor our Agent will define these meanings when I have requested them in writing now on at least 6 occasions.
I need to know how any of this additional coverage applies to our hail storm which I inputted a short summary of this below.

Loss Assessment Coverage
Reasonable Repairs
Land Stablilization
liability
Property Damage
All-Perils Policy
Escape of Water from sump
Personal offense Coverage
Personal Property Replacement
10,000.00 Mold endorsement
Special Home Protective Endorsement
Safeco New Quality Plus
Homeowners Enhanced Endorsement
Extended Dwelling Endorsement

Hail storm created a breach in our roof which allowed for the water to enter into our home. We were unaware that the water was coming in due to the area that the breach was located. The breach was located directly above the Kitchen and Bathroom wall and was leaking in between these two walls hidden from eyes view.

We were granted a new roof on the dwelling & shingles on a soft/weak roof on our shed.
We were granted a portion of cabinets that were directly located under this opening

During Demo of these Cabinets we discovered mold that had covered the entire walls, ceiling in the kitchen and bathroom floor
I Called the insurance back and......they sent out this arrogant punk to our home.

Insurance Claims Specialist ( Our Specialist Defined: One Who sets out to Destroy You by using any means to inflict Harm/Distress upon your entire family that follows financial hardships,& kicks you to the streets)

City Inspector - States home is deemed Not fit for occupancy due to the electrical - the house was built in the 60's & not up to today fire safety standards - Along with Garage adjacent to the kitchen. Drywall needed to be upgraded to 5/8 on ceiling and along this adjacent wall - wood door upgraded as well. Windowsbedrooms were not large enough per egress

Nothing on this list says anything about mold & however we were denied housing do to not enough mold coverage.


Environmental Service- Admin/Testing -Positive for Toxic Mold- Mycotoxins , Unidentifiable spores,Clasporian. Environmental man stated it would be lethal for anyone to remain in the home. Okay I get a room and call the insurance he said we will pay for a room however its coming out of your 10,000 mold coverage.

Mold Remediation cost Approx $17,000 -Insurance paid $10,500

During Remediation- 30-yard Dumpster approved by insurance to dispose our contaminated personal belongings- all beds-pillows-couch-chair-wooden/osb furniture , pool table chaise recliners dressor , chest, jewelery boxes and anything that could not be bleached or that was not consisted of Hardwood material or Glass .
So we lost everything. Incurred $35,000debt for a RV to come to realize you cannot live in one inside city limits causing additional housing elsewhere on top of our Mortgage payment. 35000+14500+14000 for Housing over a period of one-year.

Let me back up after I called about going to a motel he stated that's fine but know its coming out of your 10k mold endorsement. Then somehow he let us move into a unit and paid 4-months rent then kicked us out stating we had enough time to make all repairs yet he hadn't even cut the first check to start the construction process. ( entire house was gutted-so basically it was down to the studs were everything needed to be installed including all doors windows in every room including closet doors due to the mold spores & city inspector codes.


Denied all Personal Property Contents- States only $10,000 in mold coverage and that's exhausted by the remediation. However this is purely a contradiction due to this was the same reasoning he could not provide housing yet he granted it for 4-months.
In my policy ALE states Up to 24 months of housing not whenever the adjuster feels like kicking us out.

After hours upon hours on the phone sending numerous emails I still cannot get them to answer my questions as to how was the housing for 4-months paid for

Definitions to our coverages has never been given to us just the Declarations and policy but if I cite any ensuing loss clause its always ignored, then I cite the Hail/Windstorm - if it causes a Breach in your roof and rain, sand, dust etc enters through this opening we will pay damages inside building w/continuous walls on all sides etc.

They still deny us and send quoted phrases from the policy that I do not feel apply to this claim. They have tried to make it a mold claim when in fact is not. It stems from the hail rain coming in from the roof where it was hidden from the eye and inturn caused mold. Now if there using Mold to deny then why did they pay for everything to be rehabbed that did not consist of code upgrades and pay for 4-months of housing when we both knew that the 10000 mold coverage was exhausted.

I have had to fight them through every step of the way just to get were we are right now however we have suffered financially
50,000 worth of personal property
65000 Housing included our current mortgage

I would greatly appreciate any feedback to this matter and what I must do before our time runs out. Note I did send letters several of them requiring proper documentation and yet to receive, along with argumentive letters for their improper denials

Do I have coverage and there playing it off to save them money.

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Re: Potential Class Action Lawsuit: Hail/Wind Damage
April 27, 2018 08:27AM
Great information

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