Legal Question in Insurance Law in Pennsylvania

Insurance Settlement

House destroyed by fire. Insurance claim. The insurance company is not in a hurry to pay claim. What are my options. Following the fire, the Insurance Company aquired a company to come in and clea n and try to save as much as possible. After accepting clothing for example, we discovered it had an odor of fuel oil. We were told that we need only accept the things that we wanted. It has been 30 days since the claim and we feel the insurance company is dragging their feet. At the same time trying to save as much as possible. The Insurance money is needed to demolish the burned house and put another structure on the lot. Would a letter from an attorney help speed up the process. Obviously it has been trying on the family and we would like to have it resolved as soon as possible.


Asked on 3/28/04, 10:29 pm

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Insurance Settlement

If you want to keep an insurance company from dragging its feet you should read the policy requiring that you submit a "Sworn Statement in Proof of Loss" You can obtain the form from the adjuster.I would recommend that you consult with an attorney paying on an hourly basis for guidance in the Pennsylvania law. Be sure that he or she has experience in handling fire insurance claims, not just personal injury. I don't think insurance companies take claimants seriously until they have a lawyer and file a formal "Proof of Loss".

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Answered on 3/29/04, 11:47 am
Michael Tobin Michael M. Tobin, P.A.

Re: Insurance Settlement

Further thought. Do you have additional iiving expense coverage? If so you should be provided with money to rent an equivalent home for your family while you wait for the claim adjustment and rebuilding. You may also consider the option of selling the property as is and buying another home. Many did this in Florida after hurricane Andrew. Yours is a complicated matter that cannot be answered without reviewing the coverage of your policy and the state laws.

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Answered on 3/29/04, 11:59 am


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