Wisconsin
Wisconsin dispute over hail damage claim headed to court
Dispute over hail damage claim headed to court
A dispute over a hail damage claim prompted one family to write to Contact 6. Months later, their case is headed to court.
JACKSON, Wis. – A dispute over a hail damage claim prompted one family to write to Contact 6. Months later, their case is headed to court.
Their attorney is arguing their damage should have been covered by insurance.
Even since the clouds rolled in and the hail beat down, Nicole Maziasz has been riding out the storm with State Farm Insurance.
“Every time I hear, “like a good neighbor,” I think, I would not like neighbors like that,” said Maziasz.
On April 19, 2023, a hailstorm blew through Washington County. In Jackson, Maziasz went out to survey the damage.
“We saw our back patio just peppered with granules,” said Maziasz.
The granules were from her roof’s shingles. Her trusted contractor confirmed hail damage to her roof. A State Farm adjuster who visited the house agreed there was hail damage.
The State Farm adjuster didn’t walk the back half of the roof because he said it was too steep. State Farm sent out a second adjuster who came to a different conclusion about their roof.
“He came down and said there was no damage,” said Maziasz.
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Contact first spoke with Masiasz and her husband in January. They said that State Farm was low-balling their roof damage claim. They have a $31,000 estimate for hail damage repair from one company. Maziasz says State Farm found just $700 in damage.
At the time, State Farm told Contact 6 it “seeks to provide our customers all benefits to which they are entitled within the terms of the insurance policy.”
“They just dug in their heels,” said Maziasz.
After Contact 6’s report aired, Maziasz heard from other people having similar experiences with State Farm. One of them had a lawyer. Maziasz called him.
“He said “you definitely have a case,” said Maziasz.
Ryan Graff is a founding partner at MGW Law in Manitowoc. He’s also a former insurance defense lawyer.
“One of my biggest clients was, you guessed it, State Farm,” Graff told Contact 6.
Graff says he left that job to represent policyholders. Graff says a disproportionate number of his cases are against State Far.
“Since 2020, I have sued State Farm over residential roof claims over 50 times. Probably closer to 75,” said Graff. “All other carriers combined wouldn’t equal that number.”
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Graff filed a civil suit against State Farm in Washington County on behalf of the Maziasz family. It accuses State Farm of breach of contract and bad faith.
The suit argues a disconnect between what State Farm’s policy says it covers for hail damage and how it trains its staff to identify it. The suit says that State Farm is “wrongfully and improperly using a standard definition of hail damage to asphalt shingles that is not found anywhere in the policy.”
“And, we’re not going to recognize pure granular loss as hail damage covered by the policy,” said Graff. “Some carriers do it infrequently. State Farm does it constantly.”
Graff says it’s an argument that’s helped him win cases before.
“There is this macro trend in insurance. They’re covering less,” said Graff.
Graff is also representing Don and Donia Groves in a civil suit against State Farm. The Groves told Contact 6 in January that their roof was damaged by the same April 19 storm in Hartford. Multiple contractors gave the Groves damage estimates about $20,000 or higher. State Farm sent the Groves a check for $6,087, but later increased the amount to $9,860.
In response to the Maziasz lawsuit, a State Farm spokesperson told Contact 6:
“State Farm is focused on being there for all our customers and is committed to paying what we owe. We’re prepared to share the facts and bring clarity and context to this matter. Since the matter is now in litigation, the appropriate place to do that is in a court of law.”
The Maziasz family says it paid about $30,000 for a new roof. Then, they switched insurance providers. When Maziasz handed over her case to Graff, you could say, the clouds parted.
“It was a huge relief because I spent so much time over the course of that year. It was just like, “your turn,” said Maziasz.
Maziasz’s case is still in the discovery phase. If a judge decides that granular loss was covered by her policy, her case would go to a jury to decide whether there was granular loss.
Graff says many of his cases result in settlements.
There are several events happening across the area this weekend, including festivals, sports, and art exhibits.
Art in Bloom transforms the Milwaukee Art Museum with floral installations inspired by artwork in the museum. The annual event runs through Sunday, and timed tickets are needed.
It is the opening weekend of the 18th annual Milwaukee Film Festival. Screenings are taking place at the Downer and Oriental theaters. Several local films are being screened along with national and international films.
WATCH: Art in Bloom, Milwaukee Film Festival and more. What are you doing this weekend?
Wisconsin Weekend in a Minute
Wee Whiskey Fest returns to Lake Geneva with a full weekend of tastings, entertainment, and events. Saturday’s Grand Tasting features more than 150 premium bourbons and whiskies, with more festivities happening all weekend long.
At the Milwaukee Admirals game tonight, it is Fair Deal Friday. Fans who grab an Admirals ticket will get a free Fair ticket. It is also Fan Appreciation Night with plenty of giveaways, and the first 2,500 fans will get a one-of-a-kind Admirals and Brewers t-shirt.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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(WLUK) — Many roads remain closed as Northeast Wisconsin continues to deal with the effects of heavy rain and flooding.
The Wisconsin Department of Transportation released this list of road closures Thursday for state highways in the area:
Highway 147 is closed at Church Street in Mishicot due to flooding.
- A detour route is posted using County V, WIS 42 and County VV.
Highway 54 is closed in both directions from near N. Maple Street/Highway 47 in Black Creek to Hooyman Road/County M west of Shiocton due to flooding on roadway.
- Alternate route for southbound: Take Highway 47 to County S to County M.
- Reverse for northbound.
Highway 76 is closed in both directions from East Avenue in Shiocton to Oak Crest Drive in Stephensville due to flooding on roadway.
- No detour is available with all other county roadways flooded in this area as well. Planned to be closed indefinitely.
Highway 76 is closed in both directions from County D in Bear Creek to Highway 54 in Shiocton because of flooding on roadway.
- No detour is available with all other county roadways flooded in this area as well. Planned to be closed indefinitely.
Highway 54 is closed in both directions from Gorges Road in Northport to Jeanne Street in New London due to flooding on roadway. NOTE: Highway 45 north and south of New London is closed for an ongoing construction project.
- Alternate Route for eastbound traffic: Traffic will exit Highway 54 at Highway 110/22, north on Highway 110/22 to County BB, east on County BB to County B, north on County B to Highway 22, east on Highway 22 to US 45, north on US 45 to Highway 22, North on Highway 22 to Highway 156, East on Highway 156 to Highway 47, south on Highway 47 back to Highway 54.
- Reverse for westbound.
Highway 187 from Highway 156 in Shawano County to Highway 54 in Outagamie County is closed in both directions due to flooding.
- Alternate route for southbound: Highway 156 to Highway 47 to Highway 54.
- Reverse for northbound.
Highway 110 is closed in both directions south of Manawa from County B in Manawa to County BB due to flooding on roadway.
- Alternate route for northbound: Northbound traffic will exit WIS 110 at County BB, east on County BB to County B, north on County B back to Highway 110.
- Reverse for southbound.
If you can safely take a photo or video of conditions where you are, share it with us here:
The DOT also gave these tips for safe driving during flood conditions:
- Please make sure you have the flooding tab clicked on the 511 map to view all locations of flooding.
- Never attempt to cross a water-covered road. Just 12 inches of moving water can sweep a vehicle off the road.
- Do not ignore barricades or road closure signs.
Flash flooding can occur suddenly anywhere in the area.
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- Always check current road conditions before traveling:
- Visit the 511 Wisconsin website for the latest weather and road alerts.
- Motorists should plan extra time for travel, use designated alternate routes, and exercise extreme caution in low-lying areas. Conditions may change rapidly.
- For the latest updates, monitor the 511 Wisconsin website. Stay safe and drive smart when in doubt, turn around and find another way.
- For real-time information, please check the 511 Wisconsin website or call 511.
(WLUK) — More rain is on the way for Northeast Wisconsin.
Flood warnings are currently in effect for many area rivers and streams as recent rainfall has pushed some to reach flood level.
This morning, there’s a dense fog advisory in place.
Visibility could drop to a quarter mile in some places.
Today there’s a chance for showers and a few thunderstorms.
It will then become mostly sunny with a high near 66.
Tomorrow will be partly cloudy with a high of 70 before our Next Weathermaker brings showers and thunderstorms late in the day and into the evening.
Some of those storms could become severe with damaging wind, large hail and a few tornadoes.
Our area is in a level 2 and 3 out of 5 for severe weather risk.
If you see severe weather in your area and can safely take a photo or video, Chime In here:
After the rain tomorrow night, we should have a string of dry days, which will help with dropping high river levels.
Saturday we’ll see a mix of sun and clouds.
It will be windy with a high near 48.
Winds could gust to 35 mph out of the northwest.
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Click here for Director of Meteorology Pete Petoniak’s full forecast.
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