American Family Insurance's Matching Exclusion Voided

There has been substantial damage done to homes in the Hugo, Blaine, and Lino Lakes areas in recent years. A major issue homeowners unexpectedly faced was the decision by some insurers, including American Family, to not replace undamaged shingles or siding despite that undamaged shingle or siding not matching the replacement product.

That declination in coverage by American Family recently was turned on its year. A federal judge in Minnesota ruled in December 2017 that American Family's Gold Star Endorsement did nothing more than create an ambiguity in the coverage afforded by American Family's policy. That ambiguity was construed favorably for the insured as American Family prepared the policy (and not the insured).

Another issue to be aware of with this issue is whether your insurance agent properly advised you of the coverage you were buying and what is, or is not, covered. Insurance agents are the agent of the insurer and not the insured. If an insurance agent is culpable for failing to properly advise you, the insured, of your coverages, you can impute that culpability unto the insurer and gain the coverage you believed you were buying.

The insurance claim process can be extremely easy and straightforward. Or, it can be a debacle. I do not claim to have anything to offer you if your claim process is moving nicely. But, if you have coverage issues, I am here to help.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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