Can an insurance company deny a claim if I don’t have receipts from the items that were stolenbut dohave photos of those items that were taken in my home?

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Can an insurance company deny a claim if I don’t have receipts from the items that were stolenbut dohave photos of those items that were taken in my home?

Asked on November 7, 2011 under Insurance Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer is both yes and no.

The insurer can deny a claim if it feels that it is not supported by the facts: so if the insurer believes that  you have not proven either than you owned the items (after all, photos don't necessarily prove ownership) or that you have mistated (e.g. overstated) their value, it will refuse to pay.

However, if you believe they are in error and are not honoring their obligations, you could sue them to force them to pay under the policy. You would then have a chance in court to present photographs, testimony, and other evidence establishing both ownership and value. If  you can prove those  things, you should be able to enforce any payment or compensation due you under your policy.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer is both yes and no.

The insurer can deny a claim if it feels that it is not supported by the facts: so if the insurer believes that  you have not proven either than you owned the items (after all, photos don't necessarily prove ownership) or that you have mistated (e.g. overstated) their value, it will refuse to pay.

However, if you believe they are in error and are not honoring their obligations, you could sue them to force them to pay under the policy. You would then have a chance in court to present photographs, testimony, and other evidence establishing both ownership and value. If  you can prove those  things, you should be able to enforce any payment or compensation due you under your policy.


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