Property damage

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Property damage

I received a letter from the insurance company stating the damage to my camper
caused by my auto was covered by the comprehensive portion of my auto policy.
Days later they said the letter was a ‘mistake’ and my damage would not be
covered. Is the insurance company bound by the letter to cover my damages.

Asked on April 11, 2017 under Insurance Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The letter does not bind them: what binds them is the insurance policy, which is a contract. (The letter just stated an opinion or thought about the policy and its coverage, which could be wrong; it is the contract/policy which creates rights and obligations, not their letter about it.) Review the police against the circumstances or facts of the damage and item covered; if under the terms of the policy, the loss is covered, they should pay. If they will not, then you could sue the insurer for "breach of contract"--for violating their contratual (policy) obligation to pay for this loss--to get the money to which you are entitled.


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