Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 26, 2012

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Insurance Question from Scotts, MI

Asked on 04/26/2012

Can an insuance do patch work on damage when I have replacement cost? I had water damage from my kitchen sink when I was not in my home. The adjuster refused to cover a lot of the damage and only would do repairs. On my plastered wall going downstairs was one of the repair jobs done, which now does not match the other plaster work on the other three connecting walls. Do I have any rights to deny the repair job upon completing the work now that it does not match. I have not cashed any insurance checks for any work completed yet. Also my hardwood floors were buckled . I have replacement insurance not repair.

Answer given on April 27, 2012

Most homeowner insurance policies cover on a replacement cost basis, especially on the home itself, if not the contents. Water damage is a little different, as the insurance company will not pay for a pipe that breaks, but will pay to repair the damages done, including the repair of a wall to get to the pipe. This is presuming that the loss was recent, and not ongoing for quite a while which could result in mold and/or dry rot.You need to speak with the adjuster to see why he is taking the attitude that he is. He needs to explain to you how he arrived at the amount for the repairs and why the buckling floor is not being covered. There may be a communication issue. If you don’t get any resolution, ask for a supervisor and see if they cany explain the settlement for the claim and what you feel has been overlooked or denied.


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