Am I entitled to see a copy of the independent claim adjuster’s report regarding storm damage to my house?

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Am I entitled to see a copy of the independent claim adjuster’s report regarding storm damage to my house?

I had storm damage to my house. I requested a copy of the claim adjuster’s report but my insurance company says its “their work product” and not a part of my claim. Can I get a copy of the independent claim adjuster’s report?

Asked on August 1, 2011 New York

Answers:

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

Answered 10 years ago | Contributor

Oh no.  It is absolutely not privileged, which is what the "work product" excuse is usually all about.  You have an absolute right to get a copy of the report faxed, e-mailed and mailed.  You have a right to dispute the report and the amount that they are willing to pay.  How can you do that unless you can get a copy of the report and submit it to a contractor to bid?  Otherwise you won't know if their calculations are correct within the industry.  Many times adjusters use calculations that are for prices NOT in New York.  In other words, lower calculations.  Send them a letter demanding a copy of the complete report.  Send it by fax and mail and e-mail.  Tell them that if you do not have it within 10 days you are filing a complaint with the NYS Department of Insurance.  And then do so.  Good luck.


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