Legal Question in Insurance Law in California
Deny homeowners insurance for having a wall heating system?
I recently bought a home and obtained my own homeowners insurance--name removed--close of escrow. Within 2 weeks of the close of escrow there were 2 windstorms which blew off (only from 1 panel of my roof) many composition roof shingles onto my and my neighbor's yards. My friends recommended I submit a claim. Now my insurance not only denied my claim, but gave me 10 days to find another insurance claiming that my house is not "earthquake retrofitted" (which according to my home inspection, it was) and I have a wall heating system and not "forced air or electrical radiant heat in celing". They also claim "roof is worn and in need of replacement". I didn't purchase earthquake insurance through them, and can they turn me down for not having forced heat or is their way out of paying my claim?
3 Answers from Attorneys
Re: Deny homeowners insurance for having a wall heating system?
You have a solid case for insurance fraud. They are trying to get out of paying the claim by denying coverage and canceling your policy. If you have proof you were insured or proof of payment for the insurance than you were covered. Since they gave you ten days to find another company they are admitting that you are covered because the law states that they have to give you ten days to find new insurance before they can cease coverage of your home. You need to take immediate legal action in order to protect your rights. Do not contact the insurance company until you have spoken to a lawyer. The reason I say this is because what they are doing could be considered fraud and would greatly increase your damages in court. In order to give you a better idea of where you should go from here I would need to speak with you. You can reach my office, toll free at 877-546-9918 or by email at [email protected]. If you email me, leave your name, number, and a good time to call either today or tomorrow and I will call you at your convenience. I look forward to speaking with you.
Sincerely,
John Hayes
Re: Deny homeowners insurance for having a wall heating system?
From your description of the facts, the insurer
is trying to avoid paying the claim. But their
grounds do not make sense - your heating system
or retrofitting for earthquake are irrelevant
to a "weather conditions" claim.
Are you sure exactly what paperwork the escrow
sent the insurer? Did you take over the seller's
policy? Or did you get a new policy with the
same or with a different insurer?
What kind of application did you fill out, or
what did you represent to them that you
owned for them to insure. How much of the annual
premium did you pay? Did you receive a refund?
Something doesn't sound right. If this is not
straightened out immediately, you will have to
obtain new coverage. Your lender won't appreciate
seeing this cancellation notice either.
Please call me if you would like to discuss
this.
Re: Deny homeowners insurance for having a wall heating system?
Call me for a free 10-15 minute discussion
Francis Doherty
415 421-8890
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