What can I do if I had a major fire at my house and my insurer is not paying me what I am fully owed?

Question Details:

I recently suffered a major loss due to a fire at my home; I pay extra premium for replacement cost. The estimate to rebuild or repair the home is $120,000. The company paid 20% less until repair or rebuild. The content loss after the company made some adjustment from inventory company is $110,000. The company tells me the ACV is $61,000 and will pay me the balance when the contents are replaced. Some of the content items they are deducting 80% which I think is total robbery.

Asked 5/21/2010 under Insurance Law | 245 View(s) | More Legal Topics

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Insurance Law Law Answers

If you believe that your insurer is not fully honoring the policy--e.g. paying less than they are supposed to under the policy--you can sue them to force them to pay more. There are attorneys who specialize in suring insurers who don't live up to their obligations; you should consult with one, bringing with you the policy, correspondence from the insurer, and back-up as to costs and values, to see whether you have a claim, what it might be worth, and what it might cost to pursue it. Note however that if the replacement cost part of the policy applies only to the home, not the contents, then steep deductions for older items may be warranted. Also, replacement cost for many items may be lower now than you paid before (e.g. for many electronics, which have come down sharply in price).

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