Legal Question in Insurance Law in California

Wood rot

My house sustained heavy damage from wind driven rain, with wood deterioration to decks and interior house supports. 250k. My neighbor had similar problem. We have the same insurance co. She received a percentage of the total cost.(I gave my agent has a copy of her settlement.)My adjustor says she will only cover cosmetic interior repair, and says she is going to report the other adjustor.

I pay 20k per year in premiums to this company. Assumiung the agent cannot extend coverage,is there anything I can do? Would a lawyer help.


Asked on 4/11/06, 1:08 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Wood rot

Yes, in no uncertain terms. Agents cannot extend coverage, and they frequently get surcharged for the number and amount of claims their clients submit. Have your adjuster write you exactly what and how much she is proposing - doing things verbally is usually to your disadvantage. Letters or emails to and from you are much better. Get her email address from her paperwork or the agent.

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Answered on 4/12/06, 4:10 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Wood rot

Ask the adjuster for a denial letter. Pursuant to the California Fair Claims Practices Act, the insurance adjuster must send you a written denial citing the policy language that applies to your claim. If they deny your claim, you should talk to an experienced insurance coverage attorney, as these issues generally are very specific and require an understanding of the insurance contract and the terms. Based on this little information, it is almost impossible to tell if the damage is covered or not, but rot is usually not covered by a policy.

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Answered on 4/12/06, 6:47 pm


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