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What is ensuing damage?

Most insurance policies contain numerous exclusions, exceptions and conditions which determine if, and when, an insurance company is required to pay a claim. Some of the more frequent exclusions used in homeowner insurance lawsuits are related to roof leaks, losses related to wear and tear, and deterioration, bad weather conditions, defective repairs, and poor maintenance to the property. However, damage which “ensues” from these conditions, i.e. damage which is caused by the condition, can be covered.

An easy example is a roof leak. If you roof is old and has leaks, your property insurance policy will most likely deny the repair or replacement of the roof. But, if the interior of your roof becomes damaged because of the roof leak, than your insurance policy may cover that damage. Many times, the first sign of a roof leak is when you see bubbling of paint or drywall inside the house, or dark stains on the ceiling. That is what is referred to as “ensuing damage”. Ensuing damage can occur with roof leaks, plumbing leaks that ruin kitchen cabinets, loosen or stain tile and carpet, and with plumbing backups that can damage bathroom vanities and nearby bedrooms.

Contact us today to learn about your legal options