Insurance coverage for Weather problems - 2/08/08

INTRO: High winds and heavy rains recently have caused severe damage throughout Ohio.  If you were one of the many victims, do you have any recourse?  Here to explain your rights as a homeowner is our legal analyst, Armond Budish.

JEFF: LET'S START WITH BASEMENT FLOODING B WILL INSURANCE COVER OUR DAMAGE?

ARMOND: That depends on your policy.  If you have specialized flood insurance, you should be covered.  But most of us don't.

If you only have homeowners' insurance you'll have to check your policy.  Most exclude coverage for damaged caused by water that flows, seeps or leaks in from underground, or from a river that overflows.  But some policies provide added coverage, usually for a higher premium.

JEFF: WHAT IF THE WIND KNOCKED YOUR NEIGHBOR'S TREE INTO YOUR YARD? B IS THE NEIGHBOR RESPONSIBLE?

ARMOND: If the tree was healthy, the answer is no.  It's an act of God, and there's no liability.  But if the tree was dead and your neighbor knew or should have known of the condition, then the neighbor should be responsible for the damage.  As far as insurance goes, most policies will only pay for removal costs if the tree hit your home.

JEFF: WHAT IF THE WIND BLEW SHINGLES OFF MY ROOF?

ARMOND: Again, check your policy.  If the shingles can simply be replaced, the insurance company doesn't have to replace the entire roof.  But if replacement doesn't work, if the new shingles can't be matched to the remaining shingles, for example, then your policy should require that the entire roof be replaced.

Bad weather is not unusual in this area.  Your best protection is to carefully review your homeowners insurance policy before the next storm strikes.