What to do if I had an insurance claim denied by my insurance company?

I has a water leak in thebathroom which severely damaged the floors just outside of the room. An insurance test found slab leak but denied floor repair. My insurance rep told me there was no “appeal” process for this situation. He told me that appeals are made when the amount is not agreed on. He ordered at test that showed a slab leak in the bathroom but said he has no proof that this water destroyed the hardwood floors? I called general contractor, he sent a engineer who feels that the water destroyed the floor and we should start removing it. My general contracter suggested a get an attorney to fight this matter? Should atleast try to appeal?

Asked on July 18, 2012 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The "appeal" process you will need here is called a Declaratory Judgement action filed by you against your insurance company asking the court to "declare" that your insurance should pay (of course they oppose the action saying that they are not responsible).  Seek legal help.  Good luck.

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