วันอังคารที่ 14 กรกฎาคม พ.ศ. 2552

What kind of lawyer do I need that specializes home insurance policies?

My home got flooded. Insurance denied the claim but I believe I still have a case. What kind of lawyer would I need that specializes in home insurance policies to see if I really do have a case?


You need to be much more specific because water damage may be covered in certain circumstances but flood damage is not covered in any circumstance.

In the USA no homeowners policy will cover damage due to a flood. Flood damage is specifically excluded. Coverage for flood would have to be purchased through the National Flood Insurance Program (NFIP).

Well, you need a civil lawyer.

If the water was from OUTSIDE the house, coming in, that's FLOOD. NO homeowners policy covers flood.

If your house was vacant or unoccupied, and the water came from a burst pipe inside the house because you shut the heat off, THAT is ALSO specifically excluded.

I have no idea what you think your case is, but the denial from the insurance company should have the reason clearly spelled out in it - AND, it should reference the policy section. Having an excuse WHY your house was vacant or unoccupied, is NOT a case.

But any civil attorney should be able to give you a one hour free consult, and tell you if you REALLY have a case. Here's a good hint - if they aren't willing to take it on a no-win/no-fee basis, you do NOT have a good case.

Just an FYI, if you can afford the repairs do them yourself. A water damage claim will put a mark on your record for a long time to come. Not only will some carriers refuse to carry your policy, but the current carrier you're with will surely increase your rates and you'll end up paying more in increased rates over time than the repairs were.

My experience is home insurance should be carried with a very high deductible and used in major situations you can't otherwise afford. Lesser claims will just increase your rate (or rather keep it from decreasing) and cost you more in the long run. ESPECIALLY water damage claims.

A pipe burst is not a flood. Why did they deny your claim. You might want to post that info to get more help.

Call the Department of Insurance in your state. The link below will give you the phone number to the Department of Insurance in your state. You can file a complaint with them.

No attorney is needed, just file the complaint. They will investigate and tell you if your right or wrong.

Try your state insurance commissioner first. Your "case" depends on the source of the flooding. Homeowner's insurance does not cover flood damage due to natural events. You need federal flood insurance for that. If the "flood" was due to a plumbing problem, homeowner's insurance should cover it.

Contact your local bar association for a referral to attorneys who specialize in insurance coverage disputes.

But, I'm curious as to why you believe you have a valid case. Insurance is a standard contract. Is the type of loss explicitly excluded from your policy?

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