FBFS - Should I send a letter of intent or file a lawsuit against prior home insurance company?
Looking for advice on dealing with an insurance dispute with prior insurance company.
In July 2023, a hailstorm damaged my home’s Structural Insulated Panels (SIPs) that had rolled roofing on them. Company initially agreed the panels needed replacement because rolled roofing couldn’t be reapplied per manufacturer installation guidelines. They first classified it under Ordinance or Law (ORD) coverage.
Later, they changed their stance, saying it wasn’t ORD, but still wouldn’t move it under Dwelling Coverage. They paid $5k but refused to pay the remaining $8,606 for full replacement.
Key points:
• Manufacturer guidelines require panels to be clean and debris-free before rolled roofing can be reinstalled — which wasn’t the case after removal.
• During demo, water intrusion was found. FBFS says they don’t cover “water seepage,” but there’s no proof it existed pre-storm.
• Multiple adjusters were involved. Insurance company hasn’t provided their “expert” who allegedly inspected the panels.
• Delays in their claim process (over 1.5 years) worsened the damage.
At this point, I’m debating whether to send a letter of intent (basically putting them on notice before litigation) to try and get the $8,606 paid, or just go straight to filing a lawsuit for breach of contract/bad faith.
The whole panels had to be replaced because rolled roofing couldn't be reinstalled and needing to get the roof back to pre storm condition. The water intrusion found 1.5 years later has nothing really to do with the initial insurance coverage in my opinion.
Has anyone dealt with this or a similar situation? Did sending a letter of intent work, or did you have to sue to get results? Will they say fine okay it'll cost us more if we do get sued even if we win and decide to pay the $8606 instead?
Next, even though they closed the claim, I'm filling another complaint with the states department of insurance.
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