Comcast Flooded House and My Insurance Isn’t Covering Necessary Items

UPDATED: Sep 30, 2022

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Comcast Flooded House and My Insurance Isn’t Covering Necessary Items

Our cable TV provider broke our fire sprinkler line flooding the entire house. The company has taken full responsibility but their insurance company advised us to file a claim through our insurance company and they will subrogate the charges. We did file the claim as advised, however our insurance company is holding us to our homeowner’s insurance plan rules. We have been put up in a hotel and told that we are responsible for meals as the room has a kitchen. There is not enough in the kitchen to make a suitable meal, much less live for weeks, which is how long we expect to be here. What can I do to get assistance for items that I believe should be covered such as: per diem for food and lost wages for missed work due to the emergency/working with contractors? Do I need to cancel the claim with my insurance company and sue my cable company for the damages? I do not feel our living situation is acceptable long term and they do not want to do anything for us but the bare minimum.

Asked on March 21, 2016 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, don't cancel your claim--that is the fastest and surest way to get paid for the lion's share of your costs. As for the rest: keep a record of any costs you incur which are not covered, like take-in food, or lost wages; also, your deductible and any other other amounts not picked up  by insurance. You can sue the cable company (you sue the at-fault company, not their insurer) for any/all amounts not paid by your insurer. You do this after the fact--once you have an idea of the total costs. You can't force them to front the money to you, but you can seek reimbursement or compensation later.
(Note: if you cancelled your claim, you'd have to sue for *all* the money, which means it could take years to be paid out for the damage and repair costs.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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