Nov. 2, 2007

I purchased my home in March 2006, and purchased homeowners coverage. In June, I noticed water leaking in from the roof and was told there was a hail storm here in the summer of 2005. I contacted the previous owner's insurance company to have the roof replaced and they are denying coverage, as they say I am not their insured. My company's agent says the previous company should pay for the damage. Who should pay?

John, Wisconsin

Dear John,

Kyle Richmond, a spokesperson with Wisconsin's Office of the Insurance Commissioner, says that neither the current nor previous home insurers are responsible to cover any claims you make.

Your current insurer doesn't have to pay because the damage to your home happened prior to the start date of coverage. The previous owner's insurance company doesn't have to pay because the insurance contract was with the previous owner, not you.

You'll need to approach the previous owner about the situation. It is possible that they could make a claim against their insurance company for the damage, but this isn't something they have to do. Check your real estate contract to see if anything about existing damage is mentioned. You should also check your papers from the sale of the home to see if the then-current condition of the roof was in any way misrepresented.

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