In a recent Florida case, the Judge almost granted an insurance carrier’s motion for summary judgment because a homeowner did not specifically claim roof damages in her Complaint and, instead, vaguely alleged that she sought insurance proceeds for “the damage sustained to the building on the subject property, damage to contents, and loss of use of the property and possessions taken from therein.” The carrier tried to argue that the homeowner only sought damages for interior rain water damage, not roof damage, given her broad Complaint and similar deposition testimony.
Fortunately for the homeowner, the Judge found that the carrier’s pre-litigation correspondence and investigation notes referenced the potential damages to the roof. While luck was on the homeowner’s side, this is an example of why you need to fully assess, develop, and set forth all potential damages being claimed for your home at the outset of litigation, including those you can’t physical see. This can include physical damages hidden within walls, behind cabinetry, in your attic, and beneath flooring as well as damages associated with permitting and bringing your property into compliance with relevant building codes.