For most people, their most significant asset is their home. Homeowner’s insurance is normally required to secure a mortgage for your home. If you’re fortunate enough not to have a mortgage, homeowner’s insurance is still a wise purchase to protect your investment.
After you purchase homeowner’s insurance, you faithfully pay your premiums and expect your insurance company to honor its obligation to cover your home if something happens. You think your insurance company will cover you in areas you need coverage. You think your insurance company will take care of you if a loss occurs. If you did not think your insurance company would honor the terms of the policy, then why would you buy the insurance?
Unfortunately, too often, once your home is damaged, your insurance company denies your claim. Despite what you have to say to your insurance company, the response is “NO.” You should not take NO for an answer. Seek the advice of an experienced insurance coverage attorney.
Insurance policies are difficult to read – maybe that is by design. Your insurance policy has provisions that dictate when coverage is owed. Review the coverages set out in your declarations page. Attempt to understand the coverages in your policy before submitting a claim. Focus carefully on the coverage that applies to your claim. If you don’t understand the coverage, again, contact an experienced insurance attorney. A common explanation of your insurance company or your agent will tell you is the policy does not cover your claim. Don’t assume they are correct. If you understand your insurance coverage before you submit your claim, you will know if your being told the truth.
If your home is damaged, photograph all of the damage from multiple angles. Photos will help preserve the evidence of the damage. Take photos before you start cleanup or repairs. Photograph personal property damages and the actual damage to any part of your home. The insurance company is not supposed to shift its duty to investigate to its insured but they often do. The insurance company’s duty to investigate is non-delegable. Part of your premium covers the insurance company’s responsibility to perform a full and fair investigation. Despite this, insurance companies often improperly shift the duty to investigate to their insureds.
Insurance companies often attempt to create such a huge barrier to enter coverage that most insureds give up – especially on smaller claims. Don’t give up. If they are doing this to you, they are probably doing it to others. This is where your photos will help. Evidence is key because an insurance company is not above distorting the facts either intentionally or because they somehow rewrote the history of the claim.
If you have to make repairs before the insurance adjuster can make it to your home, keep the receipts, in addition to the pictures. Policies often require you to make temporary repairs to prevent additional damage. This is known as mitigation of the damage. For example, if a window is broken, board it up so more water from the next storm does not further damage your home.
If the estimate given by the insurance company is too low, get an estimate from a reputable contractor. Make sure your estimate is fair. Do not overstate the claim in any way.
If your insurance company denies your claim, they should deny the claim in writing. If they do not, then ask that they put the denial in writing with an explanation of the reasons for the denial.
Now that you know why your insurance company denied your claim, you will be better equipped to analyze the denial.
Insurance Company is Required to Not Put Its Financial Interest Ahead of Yours
Your insurance company must treat you fairly. Learn more about insurance bad faith and our insurance expertise. If your insurance company is possibly treating you unfairly, your insurance company may be breaking the law and acting in bad faith. If you think this might be happening, contact Bidegaray Law Firm, LLC today.
If you think you might need help with an insurance claim, contact us today at (406) 522-7744.
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