Posted On: April 25, 2006, 1:34 pm CDT

Posted By: George Adjuster

So your soluton is to ignore the fact that the house did sustain some wind damage. The burden of proof in a civil trial is the preponderence of the evidence, which means that if neighboring houses sustained wind damages, it is logical that the insured risk sustained damage also. Regarding the flood line, the engineer's report the carrier is using has a hypothetical storm surge line which the carrier uses to deny the claim, so why should not the homeowner be able to use it to establish the flood line. It is the insured's duty to provide the actual dimensions of each room, however, the foot print of the slab can be used to verify this and the insured can also thru photos of the risk which relatives might have or even from neighbors to attest. It ain't difficult to confirm or deny brick vener or frame and shettrock walls and ceilings. The flooring could be more trying, but the average pricing for the type development again would fit the preponderance of the evidence and reasonable man theories of ajudication.