Legal Question in Insurance Law in New York

Hold back money in fire claim

We had a fire in a rental house back in Oct 05. We had replacement cost insurance and with some research found out that we could replace this house in a different location which also included a different state (the property was in NY) We replaced the property in South Carolina. We have had to fight with our insurance company every step of the way. Our person who we talk to through the insurance company has been evasive with every question we have had and we have had to get the state of NY insurance department involved to get him to answer our questions, that he clearly knew the answer to but has just wanted to drag this on. In Oct 07 it will be 2yrs that we have been going through this. We made him put in writing all the qualifications we had to meet for our holdback money once we purchased the replacement property. He has had the paperwork since june 28th and states that he cannot read it and is now adding new things that we need to send him. He called our closing attorney in SC to see what are intentions were with this property. He is stalling and trying to find a way out of paying. I am sick of dealing with him and want to know what we can do. Do we have grounds for a lawsuit for undue stress and aggravation?


Asked on 8/13/07, 7:58 am

2 Answers from Attorneys
Scott Levinson Korybski & Levinson

Re: Hold back money in fire claim

You can't sue for "undue stress and aggravation", but it sounds like you may have a suit for the money they are holding back. Please feel free to contact me should you wish to discuss this further.

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Answered on 8/13/07, 8:58 am
Kevin Connolly Kevin J. Connolly

Re: Hold back money in fire claim

My firm has a strong specialty in beating up insurance companies. Our website is www andersonkill com; I dropped the dots to stop the censor bot from keeping you from seeing the url. I suggest you look at our website and consider contacting me at your convenience to discuss how we can help. Keep in mind that there is a two-year time limit on filing suit under most insurance policies.

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Answered on 8/13/07, 10:22 am


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