Ice damming is caused by the accumulation of snow on a home’s roof eaves and gutters that go through numerous freeze/thaw cycles. Wherever there is cold weather, “ice damming” can occur, and the damage to a property which is caused by ice damming can be significant. However, many insureds are not aware that these types of damage may be covered under their insurance policy, and even when a legitimate claim is made, it is frequently stonewalled by adjusters. This type of damage is often misunderstood, and effective remedies can be elusive, in large part because, unlike the damage caused by a fire, hurricane, sinkhole, or tornado, the damage is not always easily observed soon after the weather event.
What Causes Ice Damming
An ice dam is a gradual build-up of ice along the eaves of a roof. The ice can continue to build up on the surface of the roof and extend from the eaves up the slope of a roof. The dam grows as it is fed by snow and ice above it. Then, gravity conspires with nature to start the ice damming process. The roof itself may collapse under the extreme weight of ice and snow, causing obvious damage but, more frequently, the real problem only surfaces when the thawing process occurs. The ice and snow become liquid, the water naturally seeks lower levels, finds cracks and openings in the roof or attic space, moisture creeps into interior walls, stains ceilings and soaks insulation. Structural damage is also possible, as is pipe bursting, power outage and damage to personal effects. Eventually, that beautiful white winter snow can become a disaster, causing many thousands of dollars in damage.
Standard homeowners’ and commercial insurance policies typically cover damage caused by ice damming, though that term may not appear exactly in your policy, as specific terms vary by provider. Because ice dams are often classified under the “weight of ice and snow” peril, they are generally considered sudden and accidental events, and likely are covered.
Why Insurance Carriers Refuse to Pay
Nothing is ever simple when dealing with an insurance company. There are “Policy Exclusions”, “Non-Cooperation”, “Excluded Structures”, “Pre-existing Conditions”, “Time Limit for Bringing a Claim”, “Wear and Tear”, “Poor Maintenance”, “Below Policy Deductible”, and the dreaded “Right to Inspect With Our Own Experts” clauses, among many more ways a carrier denies or “low balls” a legitimate claim brought by legitimate insureds for legitimate damage claims due to ice damming. However, in a shocking number of cases, insurance carriers do not pay because they have the benefit of superior resources to contest claims. As one court has succinctly noted: “the average policyholder has neither the finances nor the expertise to single-handedly take on an insurance carrier”.
Why Vishio Watkins & Forry Can Help
We have both the resources and experience to take on insurance carriers in ice damming cases and related first party property damage cases. This broad range of experience and our results obtained are well known throughout the legal community. When an insurance carrier attempts to use a policy exclusion to deny a claim, we are familiar with that exclusion and know ways around it. When an insurance carrier retains a forensic expert to contest a claim, we retain our own courtroom tested forensic expert. When an insurance carrier retains legal counsel to defend a claim, we counter with our own experienced legal counsel, many of which are former insurance defense lawyers, who know how the game is played. And, finally, when it comes time to talk about money, we speak with authority, frequently obtaining more money than many other lawyers would even dare to ask for.
If your residence or commercial property suffered damage due to ice damming and your insurance company refused to pay you what you’re owed under your insurance policy, contact our experienced property damage insurance claim lawyers at Vishio Watkins Forry for a free consultation. We’ll help you stand up to the insurance companies and get the compensation you’re owed for your losses.
