What to do if my insurer is denying my claim for a hot water eruption that warped my laminate floor because their “expert” said it as due previous leeks?

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What to do if my insurer is denying my claim for a hot water eruption that warped my laminate floor because their “expert” said it as due previous leeks?

Yes, I did have previous leaks but the hot water eruption is the one that warped my laminate floor.How can I combat them for their denial?

Asked on July 10, 2015 under Insurance Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you believe your insurer is not honoring its obligation, under the terms of your policy (which is a contract) to pay you for your loss, you could sue them breach of contract to recover payment. You would almost certainly need some expert (an independent adjuster or an experienced and licensed flooring contractor, most likely) to testify that the damage or loss was due to the hot water eruption. Since you generally have to pay expert witnesses for their time, you'd have to factor the cost of hiring such an expert to inspect your floor and testify into the calculus of whether bringing a lawsuit is economically worthwhile. (You can save on legal fees by bringing the suit "pro se," or acting as your own attorney.)


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