Legal Question in Insurance Law in Georgia

Follow up for Glen Ashman re: Homeowner's Insurance Claim:

In what way was it perpetrating a fraud when truthfully and accurately told the insurance company the cause of damage? I do not understand WHY *they chose* to put down a different reason for damage for my claim. It's most likely incompetence. I didn't point out the mistake because it didn't really matter. Now that it will affect my other policy, it DOES matter.

But regardless, your response that I'm engaging in fraud�when I have only been truthful� is flummoxing.

____________________

Original question:

Hello! I tried to ask this before, but got no response (totally forgot about the holiday weekend) so here it is again:

I have a claim with my homeowner's insurance (Company A). The claim is listed as being water/freezing damage to the property (Property A); however, the REAL cause was a rodent chewed through the pipes. I'm not sure why Company A listed the cause as freezing.

I'm getting a new homeowners policy with a different company (Company B) for a different property (Property B). Company B says that if I get Company A to write a letter stating that my claim for Property A was due to a rodent, my premium for Property B will likely go down significantly.

I'm afraid that if I have Company A change the cause to rodent damage, it may affect my claim in some way.

QUESTION:

� Will changing the cause of the claim affect the claim for Property A in any way?

� If so, in what ways can it be affected?

Any advice is appreciated. Thank you wise attorneys!


Asked on 2/16/16, 3:05 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You said: " I didn't point out the mistake because it didn't really matter." You also said "I'm afraid that if I have Company A change the cause to rodent damage, it may affect my claim in some way."

Under some policies, and likely most, the misclassification affects what coverage the policy potentially covered, how it is reported to national insurer databases, and even whether you get a policy renewed, etc. You obviously know that by what company B is asking. Regardless of intent, or how it happened, staying silent and not getting that corrected at the time, was not what an attorney would have advised at the time. The fact that you yourself, who has read your policy (we haven't) are worried as to whether rodent damage is covered, indicates exactly why you received the answer you received. It may not be the answer you wanted to hear, but it's the right one.

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Answered on 2/16/16, 3:23 pm


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