Roof Cave in Caused by Insurer?
Your home insurance company does not certify the structural integrity of your home. It is our responsibility as the homeowner to maintain our home. There is no negligence here on the part of your insurance company. Your Insurer is not a Home Inspector nor a Structural Engineer. There are Qualified and licensed Roofers and Home Inspectors you can hire for that job.
The Insurance Company will usually do a precursory visual property inspection. Photographs external of the property are usually taken and any obvious hazards may be noted. Engineering Diagrams are not used. In No way does an insurance company imply certification of structural Integrity. In Fact Insurers may require you provide such a certification report prior to accepting your risk if hazards are apparent.
An Insurers inspection is only to determine insure-ability and to document the current "apparent" condition of the property and verify that the home being insured actually exists.
Everyone has the option to sue, for just about anything. So legally you could try suing the company, but It does not seem likely that you would have a valid claim. The company would simply point out that they do not certify anybody's roof and that it most likely caved in due to lack of proper maintenance by the home owner.
There are *rare* scenarios where the insurance carrier would be at fault. Say you had a hail storm six months ago that damaged your roof. If you filed a claim and your insurance carrier told you to only patch your roof instead of replace it, when the structural integrity of the roof from the hail was seriously compromised, this was the WRONG decision and you should have legal recourse.
Outside of a freak scenario like the above, it is most likely that you can file a claim with your insurance company and see what the inspector said was the cause of the damage. If it was just a really old roof that should have been repaired by you years ago, it is unlikely you can get any money from the insurance company, as it is your responsibility to maintain your property for normal wear and tear, not theirs.
If a home insurance policy were to provide free repairs for life then everyone's insurance would be a lot more expensive!
No, The insurer provides a means by which we can assign beneficiaries, If those beneficiaries turned out to be your parents then so be it. Without evidence to the contrary, Namely an assignment of proceeds AKA naming you as a beneficiary, the law has no option but to presume that was the intent of the insured. Their is no negligence here on the part of the Company and therefore no liability. The insurance company is only following the law as well as the documented intent of the insured.If you think there was an oversight on the part of your sibling in the assignment of beneficiaries, then you would need to bring your action against the beneficiary and/or the estate of the deceased. Basically you'd have to sue your parents and your brothers estate. The Insurance company would not be a party to your recourse action.
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