Property Damage Claim Denial
We serve insurance policy holders
who have been victims of unfair insurance company tactics and practices, including the
following:
- Hurricane Property
Damage
Improper calculation of deductibles, determining
coverage, and cases where the insurance company simply refuses to pay the right
amount.
Vehicle crashes, accidents, theft, fire, or adverse
weather conditions can result in substantial vehicle property damage. Auto insurance
companies often fail or refuse to cover the full extent of the property damage. For profit’s
sake, insurance companies try to pay consumers the very least amount of money possible for vehicle
property damage. Insurance companies are required, however, in virtually every State, to
honor the terms of their policies. If they fail to honor their policies terms, in many case
insurance companies can be sued for bad faith.
More often than not, auto insurance companies attempt to repair the
damaged vehicle instead of declaring the vehicle a “total loss,” or “totaling” the vehicle.
Not only does this improper tactic greatly diminish the vehicle’s value, but may also place the
consumer at risk of operating a defective and unsafe vehicle.
Fire insurance protects against fire damage to
homes and businesses. When a substantial claim is made under a fire insurance policy,
insurance companies often seek to deny coverage on several grounds: (1) arson; (2) electrical fire;
(3) appliance and product malfunctions. Insurance companies also often refuse to pay the
correct for repair, replacement, relocation, or rebuilding.
Water damage to the home is caused by many
sources: broken washer lines/hoses, broken refrigerator water lines, broken ice machine
hoses, or leaking roofs. Insurance companies may be held liable for failing to pay a water
damage claim, or when they fail to pay the correct amount.
Water damage in the form of flooding often ruins a
home. After the water has been removed, there is often mud residue and toxic mold which take
hold of the structure itself, rendering the home uninhabitable. Major appliances and
electronics, including washer, dryer, refrigerator, furnace, water heater, televisions, computers,
and other related products and irreparably damaged and require replacement. Carpeting and
drywall have to be replaced. The damage to the structure itself – called structural damage –
may be insurmountable to repair, meaning relocation or rebuilding are the last available
options.
Most homeowner, condo owner, and business insurances cover water
damage, but exclude “flood” damage. Because of this standard exclusion, insurance companies
often attempt to delay or deny claims for water damage by simply categorizing the damage as flood
damage. There are strict legal definitions that apply to these situations, and quite often
the insurance company’s claim denial based on claiming the damage is flood-related can be defeated
in court.
Hail damage to homes and business is often covered
in homeowner and business insurance policies. Often, the insurance company claims the roof
damage or other property damage caused by hail was pre-existing, or was not the result of hail
damage. Where these claims have been wrongfully denied, then the insurance company is often
liable to the policyholder for the claim as well as attorneys’ fees and
costs.
- Home Owner Insurance
(HOI)
Homeowners’ insurance (HOI) protects the home
itself as well as the contents, or personal property inside the home. Most consumers have
paid their HOI premiums for years, even decades, without filing a single claim. When a home
and/or its contents are damaged or destroyed in a hurricane, tropical storm, thunderstorm, lighting
strike, fallen tree, or even an errant vehicle, then a HOI generally covers the claim, including
repair, replacement, and rebuilding. Insurance companies are increasingly refusing to pay
valid claims, delay paying the claim, or underpaying the claim. Because an insurance policy is a
contract between a homeowner and an insurance company, the insurance company must abide by the
terms of its contract. Where the insurer wrongfully delays or denies paying a valid claim, it
can be held liable not only for breach of contract, but also for bad faith.
Consumer Injury
Lawyer
If you have been the victim of an insurance company’s bad faith, then contact a consumer injury attorney at our law firm regarding your bad faith
claim. You may be eligible to receive compensation for your losses due to the insurer's
misconduct.
We may team up with, co-counsel, or jointly
prosecute, your bad faith claim with an insurance claims attorney whom we know and trust. We are
sensitive to your needs, share your values, and work hard for you and your family to secure
justice.
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