Legal Question in Insurance Law in New York

My well pump had to be replaced. The technician gave me a signed affidavit that the cause might be lightning, in which case I might be able to make a claim against my homeowners insurance. My policy states that I must present the damaged property to my insurance company as often as they request. The technician promised to hold onto the pump until after I contacted the insurance company. When the insurance company contacted the plumbing company, the plumbing company informed them that the pump had been disposed of. Is there any way I can still pursue this claim without the pump? Is the technician and or plumbing company in any way liable for unauthorized disposal of the pump since it's reasonable to assume the insurance company would want to see the property it is being asked to pay to replace?


Asked on 6/24/15, 5:54 pm

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

If you can prove that the insurance company would have paid for the replacement pump if it had been preserved, you can pursue your action against the plumber, for a bailment has been created and he was negligent in disposal of the pump.

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Answered on 6/24/15, 7:17 pm


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