The \”basis for the claim\” is that your home has been damaged due to a hurricane. It is the insurance companies\’ burden to prove that the wind DID NOT cause the damage, not that the storm surge caused any damage. If they cannot prove that the wind DID NOT cause damage (or how much of it was wind) then the ins. co. must pay for damages in good faith. There of course is no way they can prove this unless they had a video of your home being washed away. The ins. companies know this and just hope you will get frustrated and go away before the court date ever gets here. Don\’t give in and walk away, stay the course and you will win your case with interest. Insist that your insurance company pay your legal fees along the way.
I did not advise anyone hiring an attorney immediately. It is the insurance company that should hire the attorney on your behalf. Of course you must build your case first. Also, I am not a lawyer (don\’t even like them) so these are suggestions, not advice. I do have first hand experience as I has to sue Kemper Ins. over a mold claim and the result was that they settled for 4 times what they were going to pay on the claim.
Here\’s what I\’d do:
Ask you your insurance company to show you proof of what was damaged by wind and proof of what was damaged by the storm surge. They will not be able to provide that proof. Then ask them to pay you for a total loss since the benefit of any doubt is on your side. It is the insurance companies burden to prove that After they put in writing that they will not pay, send them a letter asking them what the process is for them to defend your PROPERTY in a lawsuit. Find the clause in your policy and quote it back to them in writing. Try to get them to hire the lawyer, not you.
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The \”basis for the claim\” is that your home has been damaged due to a hurricane. It is the insurance companies\’ burden to prove that the wind DID NOT cause the damage, not that the storm surge caused any damage. If they cannot prove that the wind DID NOT cause damage (or how much of it was wind) then the ins. co. must pay for damages in good faith. There of course is no way they can prove this unless they had a video of your home being washed away. The ins. companies know this and just hope you will get frustrated and go away before the court date ever gets here. Don\’t give in and walk away, stay the course and you will win your case with interest. Insist that your insurance company pay your legal fees along the way.
I did not advise anyone hiring an attorney immediately. It is the insurance company that should hire the attorney on your behalf. Of course you must build your case first. Also, I am not a lawyer (don\’t even like them) so these are suggestions, not advice. I do have first hand experience as I has to sue Kemper Ins. over a mold claim and the result was that they settled for 4 times what they were going to pay on the claim.
Here\’s what I\’d do:
Ask you your insurance company to show you proof of what was damaged by wind and proof of what was damaged by the storm surge. They will not be able to provide that proof. Then ask them to pay you for a total loss since the benefit of any doubt is on your side. It is the insurance companies burden to prove that After they put in writing that they will not pay, send them a letter asking them what the process is for them to defend your PROPERTY in a lawsuit. Find the clause in your policy and quote it back to them in writing. Try to get them to hire the lawyer, not you.