Posted 2010-06-23 9:54 AM (#121445) Subject: Insurance agents and/or lawyers - I have a question.
Member
Posts: 14
Location: NC
Hi all,
I need help. Long story short. I have comp & liability insurance on my trailer and was told that it was covered, period. Well, the roof has delaminated and has seperated at the seams causing it to leak into my living quarters. I'm not talking about a drip. The trailer is an 05 model and was recalled in 07 to have the delamination process done again for this preventative measures. The insurance adjuster has denied my claim based on the fact that "it is a manufacturers defect". I was under the impression that comp insurance should cover anything. I have been told that the decision should now be up to my agent to deny or approve the claim. I am meeting with my agent to discuss this issue because I think I am right and they should cover the roof. What do I do now? Where can I turn for help? Any advise is GREATLY appreciated. Thank you.
Posted 2010-06-23 10:46 AM (#121450 - in reply to #121445) Subject: RE: Insurance agents and/or lawyers - I have a question.
Member
Posts: 38 Location: Louisa, VA
You need to read your insurance policy and in particular the definitions. The policy likely covers an "occurrence" which is a defined term per the policy.
I am sorry to say that that insurer's position is likely the correct one. And by correct, I mean the one that a court would apply if it came to that.
As I understand your situation, the deterioration happened over time and probably will not meet the policy's definition of an occurrence.
Did the manufacturer purportedly take care of this issue in the recall? I would communicate with the manufacturer. What kind of roof is this? Dare I ask who is the manufacturer of your trailer?
Posted 2010-06-23 10:53 AM (#121452 - in reply to #121450) Subject: RE: Insurance agents and/or lawyers - I have a question.
Member
Posts: 14
Location: NC
Originally written by Winston on 2010-06-23 10:46 AM
You need to read your insurance policy and in particular the definitions. The policy likely covers an "occurrence" which is a defined term per the policy. I am sorry to say that that insurer's position is likely the correct one. And by correct, I mean the one that a court would apply if it came to that. As I understand your situation, the deterioration happened over time and probably will not meet the policy's definition of an occurrence. Did the manufacturer purportedly take care of this issue in the recall? I would communicate with the manufacturer. What kind of roof is this? Dare I ask who is the manufacturer of your trailer? I am sorry you are having to deal with this.
I am finding this to be true. I have contacted the manufacurer and was told it is the adhesive company's fault and contacted them too and they said it's an installation issue; you see where this is headed. The recall was done at a local dealer. It is a fibergalss roof. I have been advised to contact an attorney; especially since my warranty expired only 8 months ago AND I did the recall. Thank you. I am beside myself.
Posted 2010-06-23 11:43 AM (#121454 - in reply to #121445) Subject: RE: Insurance agents and/or lawyers - I have a question.
Expert
Posts: 1205 Location: Arkansas
I will compare this to a situation in the house I had. Plumbimng had a pinhole leak. Insurance did not cover the repairs to the pipes. It covered the water damage to the wall. Perhaps they would compromise in this way?
Posted 2010-06-23 12:00 PM (#121455 - in reply to #121445) Subject: RE: Insurance agents and/or lawyers - I have a question.
Member
Posts: 38 Location: Louisa, VA
It seems that few manufacturers are willing to stand behind their products. A trailer's roof should not be falling apart.
I would suggest that you need an attorney well versed in Article 2 of the Uniform Commercial Code. I believe this Article has been adopted by every state except Louisiana.
Posted 2010-06-23 12:54 PM (#121458 - in reply to #121455) Subject: RE: Insurance agents and/or lawyers - I have a question.
Member
Posts: 14
Location: NC
Originally written by Winston on 2010-06-23 12:00 PM
It seems that few manufacturers are willing to stand behind their products. A trailer's roof should not be falling apart. I would suggest that you need an attorney well versed in Article 2 of the Uniform Commercial Code. I believe this Article has been adopted by every state except Louisiana. Good luck.
I will check into this. Thanks. You're right a 6 year old roof should not have any problems.
Posted 2010-06-23 3:24 PM (#121465 - in reply to #121445) Subject: RE: Insurance agents and/or lawyers - I have a question.
Member
Posts: 36 Location: Snow Camp NC
I would assume this trailer is a Cimmeron. A friend of mine just went through a simular situation and he called the manufacter and they helped out on some of the repair bill. I also think they told him if he took the trailer to there plant they could put a new roof on and not damage the interior.
Insurance agents and/or lawyers - I have a question.
