If I filled a claim on my homeowner’s policy but have yet to settle things, what are my rights?

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If I filled a claim on my homeowner’s policy but have yet to settle things, what are my rights?

The adjustor came out, had us get several bid, the contractor uncovered more damage and has been in negotiations with the adjustor. It is approaching 60 days and we still have not received the estimate from our adjustor and he is not returning my calls or emails. My insurance agent has talked with him a few times and he advises her that he’ll reach out to us. We still have heard nothing. I feel my homeowners are being negligent and this issue is causing stress on my marrage and quality of life. What do I do?

Asked on September 23, 2015 under Insurance Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Ultimately, if you feel that your insurer whether directly or through a third-party adjuster they hired is not honoring their obligations to pay a claim under your policy, your recourse would be to sue them for breach of contract and also for breach of the "implied warranty of good faith and fair dealing"--the obligation, added by law to all contracts, that the parties deal with each other fairly and in good faith. You could contact the insurer directly--go over and around the adjustor and speak to someone else there--describe the situation, and let them know that if you cannot get an answer and timeline for when your claim will be paid, you may, however, reluctantly, be forced to take legal action to protect your rights. Hopefully, that will move things along if not, you still have the right to sue, if necessary. If you speak with them by phone, follow-up with a letter or email summarizing the conversation and send some way or ways that you can prove delivery.


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