If I had a claim involving a carport damaged by a falling tree, is my insurer obligated to explain in writing to me how it calculated the settlement amount?

I do not see how the proposed settlement can cover all the damage (replacement value policy). I have asked the insurer and the adjuster for a copy of the documents used to calculate the value of the damage. Do they have to give it to me?

Asked on July 18, 2014 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, they do not have to provide you this documentation--not unless you sue them and use the legal mechanisms or tools of "discovery" (rules that let you get information from the other party in a lawsuit) to obtain them. If you believe that their offer is unreasonably low, you do have the right to sue them breach of contract (not paying you what they should, under the terms of the policy), to try to force them to pay the appropriate amount (e.g. an amount equal to the cost of repair, so long as that is equal to or less than your policy limits).


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