A tornado roars through in seconds. A nor’easter batters your home for hours. Powerful winds rip off shingles, shatter windows, snap trees, and collapse fences. The destruction is unmistakable. Yet insurers frequently deny wind and storm damage claims, claiming the damage resulted from “poor maintenance” or “inadequate construction”—arguments designed to shift liability from the covered peril to you.
Siddons Law Firm fights wind and storm damage bad faith claims. We recover compensation for homeowners across Southeastern PA, Southern NJ, and the Eastern Shore of Maryland whose insurers wrongfully denied legitimate storm claims. If your wind damage claim was denied, delayed, or underpaid, we can help you hold your insurer accountable.
Quick Answer: Storm & Wind Damage Bad Faith Claims
What is wind damage bad faith? When an insurer denies or underpays a storm/wind claim by blaming “poor maintenance,” “pre-existing damage,” or “faulty installation”—without reasonable investigation—it may be acting in bad faith.
Common bad faith tactics: Blaming damaged roof, windows, or siding on “maintenance neglect,” denying secondary damage (water intrusion, mold) from wind damage, refusing to cover temporary shelter or living expenses, making unreasonably low settlement offers immediately after the storm, and delaying investigation while damage worsens.
Your rights: You can sue for bad faith and recover your full claim, plus punitive damages and attorney’s fees in PA, NJ, and MD.
The Most Common Bad Faith Tactics in Storm/Wind Claims
Storm and wind damage claims are among the largest by dollar amount, making insurers aggressive in their denials. They deploy sophisticated tactics to minimize payouts.
1. The “Maintenance Neglect” Trap
This is the most insidious bad faith tactic. An adjuster will argue that wind damage wouldn’t have occurred if your roof, windows, or other structures had been better maintained. “Your roof should have been replaced years ago,” they’ll say. “This damage is pre-existing, not caused by the storm.”
This argument ignores critical facts: even well-maintained structures can be damaged by severe weather, poor maintenance doesn’t eliminate coverage for wind damage, and a “poorly maintained” roof that fails due to wind is still a wind claim.
Red flag: An adjuster concludes your property suffered “maintenance neglect” without photographic evidence of specific conditions prior to the storm.
2. Denying Secondary Damage from Wind
Wind damage often triggers secondary losses: water intrusion, mold, electrical damage, structural rot. Insurers deny these by claiming the secondary damage is “pre-existing,” it results from “poor maintenance” not the wind, or it exceeds the scope of wind damage. If secondary damage flows directly from the wind event, it’s covered.
3. Refusing to Cover Temporary Housing and Living Expenses
Severe storms can render homes uninhabitable for weeks or months. Your policy typically covers “Additional Living Expenses” (ALE). Insurers deny by claiming you should have found cheaper temporary housing, refusing to reimburse meals and necessities, or capping ALE at artificially low amounts.
4. Making Immediate Lowball Offers
Days after a devastating storm, an adjuster may offer 40-60% of your actual damages. Many homeowners accept because they’re desperate to begin repairs. This is bad faith—the insurer knows the offer is inadequate and exploits your vulnerability.
5. Delaying Investigation
Hurricanes, nor’easters, and derechos often cause widespread damage. When an insurer delays investigation for weeks or months, secondary damage escalates. This delay is itself a bad faith practice.
6. Denying Coverage Based on Incorrect Causation
An adjuster might claim: “This tree fell due to poor trimming, not wind.” Or: “Your fence failed because of faulty installation, not the storm.” These causation arguments require expertise and evidence. Insurers often make them without proper investigation.
Geographic Service Area: We Serve Storm-Prone Regions
Southeastern PA, Southern NJ, and the Eastern Shore of MD are vulnerable to hurricanes, nor’easters, derechos, and tornadoes. Siddons Law Firm protects homeowners throughout:
- Southeastern Pennsylvania: Chester County, Delaware County, Montgomery County, Bucks County, Philadelphia
- Southern New Jersey: Camden County, Burlington County, Gloucester County, Atlantic County, Cape May County
- Eastern Shore Maryland: Talbot County, Dorchester County, Wicomico County, Worcester County
When severe weather strikes and your insurer denies your claim, we fight back.
Why Trust Siddons Law Firm?
We specialize in storm damage bad faith cases. We understand how meteorologists prove storm severity and damage causation, how to challenge “maintenance neglect” arguments with forensic evidence, how to calculate proper replacement costs and secondary damages, and how to hold insurers accountable for unjust denials.
Siddons Law Firm represents homeowners facing wind damage denials. We know insurers’ playbook—and how to counter it.
Pennsylvania (42 Pa. C.S. § 8371) requires fair claims handling and prohibits bad faith denials. Insurers who deny storm claims without proper investigation violate this duty. New Jersey (N.J.S.A. 17:29BB-1) imposes strict standards with treble damages and attorney’s fees for bad faith. Maryland (Maryland Insurance Article §27-1001) similarly protects policyholders and provides remedies for bad faith storm damage denials.
Learn more about your rights: Pennsylvania Bad Faith Insurance | New Jersey Bad Faith Insurance | Maryland Bad Faith Insurance
Frequently Asked Questions
If my roof was already aging, does the insurer have to replace it after wind damage?
Yes, if wind caused the damage. Insurance covers damage from covered perils (like wind), regardless of the age of the roof. Your roof’s age affects depreciation, not coverage eligibility.
Can my insurer deny my claim because I didn’t prevent damage immediately?
No. You have a duty to mitigate damage (prevent it from worsening), but this doesn’t mean you must have supplies on hand or repair before investigation. Insurers can’t deny claims because you couldn’t respond instantly.
What happens if I disagree with the insurer’s damage estimate?
Many policies include an appraisal or dispute resolution process. You can hire your own contractor or engineer to assess damage. If estimates differ, you may demand appraisal, where independent experts determine the actual damage and cost.
Recover Your Full Storm Damage Claim
Severe weather is beyond your control. Your insurance should protect your home. When an insurer denies your storm damage claim through bad faith tactics, they’re violating their legal obligation to you.
If your storm caused fire damage, see our fire damage bad faith guide. If your storm caused water damage, see our water damage claims guide.
Call us today at 610-255-7500 for a free consultation.
No fee unless we recover for you.