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Home Insurance Forum

Sept. 15, 2007

Question:
I just purchased a home two months ago. I checked the home for defects with the realtor and read over the seller disclosure, which stated there was no flooding in the basement or leaks in the roof.

It didn't rain until two weeks after I moved in and the basement flooded and the garage roof leaked. I'm suing the original owner now, but many lawyers would not take my case because they said it's hard to prove.

I contacted my insurance company and they found out that the previous owner had a claim for $5,000 in flood damage just one year ago. Although their report could not go into detail, do you know who I can contact to get even more information on the cause of the flooding and more details?

Dave, Ohio

Answer:
Dear Dave,

Mary Bonelli, a spokesperson with the Ohio Insurance Institute, suggests that you ask your agent if your company is a member of CLUE (Comprehensive Loss Underwriting Exchange), which is a database service that insurance companies use to track loss data on properties. If the previous owner's insurer was a member of CLUE, your current insurer would be able find out the loss history of the property.

Once the court case gets under way, you should be able to subpoena all of the information related to the flood insurance claim, which, in turn, should go a long way toward proving that they did not disclose everything when they sold you the house.

As for finding out how long the basement has leaked, you may consider contacting a local contractor or a company that specializes in waterproofing basements.

Back to the Forum

Disclaimer: We are journalists, not financial planners or insurance brokers. Nothing we say should be interpreted as a recommendation to buy or sell any insurance product, or to provide other financial or legal advice.

 
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