Legal Question in Constitutional Law in Virginia
Stalemate Insurance Claim
We have had damage done to the interior/exterior of our home due to the development of land next door. Their ins. co. got in contact with us over a year ago and all reports were done. We gave a structural engineer access to the entire interior/exterior of our home as well as underneath the house. The insurance company is dragging it's feet and will not provide us a copy of the structural engineers report in order to get proper estimates. I have spoken with 4-5 attorneys who will not take the case on contingency. I have had at least a dozen contractors come in,only 1 of them would provide me a written estimate because they don't want to get involved with the insurance co. I there a Freedom of Information Act that means they have to provide us a copy of the engineers report in order to get proper estimates? We do not want to contact our Homeowner's insurance as they sent us a letter a few months back and basically said they were investigating all clients that have had 2 or more claims in a year. We've had one on this house and one on a previous home. What can I do to get the insurance company to stop dragging their feet on this? ANY information or guidance would be GREATLY appreciated.
1 Answer from Attorneys
Re: Stalemate Insurance Claim
The insurance company is obviously dragging
its metaphorical feet in order to protect its bottom line.
However, once their insureds are served with a motion for judgment, these sluggards will have to send attorneys to defend them, and then, sometime
after they respond with their answer to the plaintiffs motion, denying the liability of their insureds, the process of discovery will begin under court auspices and this recalcitrant insurer will be required to give up the structural enginneer's report as well as other evidence which may be in their possession which may show that they have, in fact, been acting in bad faith and, therefore, should be subject to punitive damages.
The other possibility is that once the motion for judgment has been filed and the parties served,
the insurance co. may have second thoughts about
its exposure and decide to settle promptly as they should've done a long time ago.
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