Legal Question in Insurance Law in California

Denied Homeowners Claim

Hello, I filed Homeowners claim after water leaked in from storm and my ceiling collapsed. Lots of damage. Insurer sent out adjuster and professional inspector, very evasive and would not give me answers if it was covered. Saying he had to wait for inspectors report. Left several messages for him, would either not give answers or not return phone calls. Found out adjuster was later terminated , called main office to request investigation and insurer claimed 1 year statute of limitations had passed.

They claim they sent denial letter, but it was addressed to someone ELSE in my family, not on the policy. Every the other claim documents were addressed to me. I think they were trying to hide the denial.

Options?


Asked on 2/02/06, 8:24 am

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Denied Homeowners Claim

You have a few options. First, you should ask for a copy of the denial letter. If you are the named insured, you are entitled to it. Second, you should call the Department of Insurance and file a complaint. Third, you should speak with an attorney experienced in insurance claims immediately. The one year statute of limitations has some tricky rules to it. If you would like a free consultation, please contact my office.

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Answered on 2/08/06, 6:40 pm
Aaron Davis Law Office of Aaron M. Davis

Re: Denied Homeowners Claim

Insurance contracts include an implied covenant of good faith and fair dealing, which requires insurers to deal fairly with those they insure. The first issue to address is whether the insurance policy provided coverage for the loss. If so, the insurer may have breached the covenant of good faith and fair dealing, which might require it to pay amounts in addition to the amounts due for your loss. If you wish for a free consultation, please contact my office.

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Answered on 2/07/06, 7:50 pm


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