Legal Question in Insurance Law in Missouri
My house burned down in August of 2014. The loan on my house was through a local bank and came due in October. The insurance company had not settled with me at this time. The bank foreclosed on me in December. They said they determined the house abandoned. I was waiting on the insurance company. Insurance company denied my claim in January then sent a check to the bank within a week. Neither the bank nor the insurance company ever contacted me about this. The house was valued at $330,000 I owed $170,000. The insurance companies estimate for repairs was $196,000. They settled with the bank for $69,000. Can they do this?
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1 Answer from Attorneys
You didn't say why the insurance company denied the claim, and whether the policy provisions permitted the denial under the specific circumstances of your situation. So from the information you've given it's unclear if the denial is justified. However, there's obviously a big inconsistency between validly denying the claim and then turning around and paying $69,000 on the claim to the lien holder.
So, based on everything you've said, the short answer is to your question of "Can they do this?" is: " Only if you let them." While I obviously don�t have all the facts, it seems based upon what you�ve said that the insurance company is testing you, to see if they can push you around. You need an attorney to show them that you�re not going to accept their low-ball offer.
I can help you with this if you like. I�m not allowed to put a phone number in here, but you can get it from my website.
Please be aware that the statements and opinions provided above are just a broad informational service to the general public. Since this reply is based upon an incomplete description of facts, this email can not used as a substitute for legal advice from a qualified and fully-informed attorney. Also, these communications are intended for use by the public, and this email does not constitute a confidential communication nor does it create an attorney-client relationship with Curran Law Firm or any of its members.
Rob Curran
Curran Law Firm
3516 South National Avenue
Springfield, MO 65807
www.CurranLawFirm.com
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