Legal Question in Insurance Law in California

Homeowners Insurance Co. rights & probability of denying legitimate claim

In April of last year, I suffered a fairly significant loss due to burglurary & vandalism. I am FINALLY now able to effectively document MORE than I originally thought possible. The insurance co. just DOESN'T WANT to pay me & I have spent almost a year pulling all docs & facts together. Claim is very legit. & once Ins. Co. receives all this - I'm CERTAIN they will be SHOCKED! How long can an Ins. Co. "jerk" around a claimant? I am in severe financial dire straits & I want to know what I'm up against! What are the FINAL/ABSOLUTE grounds an Ins Co can use to deny? And how likely are they to do so upon receipt of a well documented claim?


Asked on 3/13/98, 3:25 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Did you already settle your claim?

The rights you have with your insurer depend heavily on the language of your policy and on any agreement you might have already reached with them. If they have already paid you for your initial estimate of the loss, you may have signed an agreement at that time stating that the payment was final settlement of the claim, regardless of what you might later determine. Such a contract will usually be upheld unless the insurer somehow defrauded you.

If you haven't settled up with the carrier, my next question is whether you delayed too long in reporting the loss.

Feel free to contact me directly if you wish to discuss this further.

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Answered on 3/22/98, 6:25 pm


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