| Carrier | Undisclosed Florida carrier |
|---|---|
| Storm | Hurricane Ian (2022) |
| Date of loss | 2022-09-28 |
| Arguments used | Other · Pre-existing damage |
| What happened next | Quoted in reporting on carriers increasingly denying legitimate claims; the construction-defect attribution shifts the loss to an unnamed third party. |
One sentence from an insurer’s engineering report, quoted in Tampa Bay 28’s reporting: the roof framing failed because “the builder used green wood that was probably already slightly warped.” Not the hurricane that crossed the address; the lumber, years earlier, probably.
The construction-defect attribution is the third member of the reattribution family, after wear-and-tear and settling, and it is the most effective at ending conversations because it points at someone who is not in the room: the builder, long out of warranty, possibly out of business. The word doing the legal work in the quoted sentence is “probably,” which is not a causation finding; it is a hypothesis wearing letterhead.
Faulty-construction exclusions also carry an exception most letters skip: ensuing loss. Even where a defect contributed, the resulting covered damage, the water that followed the wind that exploited the framing, frequently remains covered. The response demands the full report, tests the probably, and reads the exclusion to its final sentence.
Tampa Bay 28 (Adam Walser), Ian era: an insurer's engineering report quoted in a public-adjuster segment on rising denials · public record ↗
Quotes are verbatim from the cited public record. Case status and statute summaries drafted August 2026; verify against the current docket and statute. Not legal advice; consult an attorney about your specific claim.
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