Comcast Flooded House and My Insurance Isn’t Covering Necessary Items

Our cable TV provider broke our fire sprinkler line flooding the entire house. The company has taken full responsibility but their insurance company advised us to file a claim through our insurance company and they will subrogate the charges. We did file the claim as advised, however our insurance company is holding us to our homeowner’s insurance plan rules. We have been put up in a hotel and told that we are responsible for meals as the room has a kitchen. There is not enough in the kitchen to make a suitable meal, much less live for weeks, which is how long we expect to be here. What can I do to get assistance for items that I believe should be covered such as: per diem for food and lost wages for missed work due to the emergency/working with contractors? Do I need to cancel the claim with my insurance company and sue my cable company for the damages? I do not feel our living situation is acceptable long term and they do not want to do anything for us but the bare minimum.

Asked on March 21, 2016 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, don't cancel your claim--that is the fastest and surest way to get paid for the lion's share of your costs. As for the rest: keep a record of any costs you incur which are not covered, like take-in food, or lost wages; also, your deductible and any other other amounts not picked up  by insurance. You can sue the cable company (you sue the at-fault company, not their insurer) for any/all amounts not paid by your insurer. You do this after the fact--once you have an idea of the total costs. You can't force them to front the money to you, but you can seek reimbursement or compensation later.
(Note: if you cancelled your claim, you'd have to sue for *all* the money, which means it could take years to be paid out for the damage and repair costs.)


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