Legal Question in Insurance Law in California

Third party insulance claim

An insurance company issues an check to repair a water damage in house based on an estimate form one contractor that they chosen. Is it ok to accept the money and ask another contractor to work on the house instead since we have a trust with the 2nd contractor?

thank you


Asked on 5/29/04, 11:51 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Third party insulance claim

If they have already issued the check then you probably have already signed a settlement agreement. If that is the case, you can't go back and demand more money later.

If your chosen contractor is cheaper than the one they used and you want to hire him to save some money, that should be fine. Unless you accepted some limitations the insurance company put on your use of the money, you can do whatever you like with it. If you are qualified, you can fix the damage yourself and keep all the money. You aren't even obligated to fix the house at all if you don't want to.

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Answered on 6/08/04, 3:32 pm
Steven Murray Steven W. Murray, APC

Re: Third party insulance claim

What conditions did your insurer place on the use of the check or the contractor? Has the second one given you an estimate, and what if you do this but your contractor charges more? You are taking a chance on doing what you suggested, particularly if there is further damage or a problem.

Why not get the second estimate,and if it equal to or less than the first estimate, or if you are willing to pay the difference, confirm with the insurer that you are free to use whichever repair company you want to.

What is really important is not the price, but the scope of the repair work that is being authorized. Patching something is not the same as repairing it.

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Answered on 6/07/04, 5:07 pm


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