If you have a claim with your insurance company and they deny it for faulty materials, even though the materials wasn't cause of the damage it was something else that they will cover, to I have any recourse? I feel pretty hopeless... :(

What does your policy terms say, normally you are suppose to appeal it with them, but yes you can sue them if they do not fulfill the terms of your contract ( policy) with them, there were 100's of law suits after the hurricanes and the insurance companies lost big time.

If you have a claim with your insurance company and they deny it for faulty materials, even though the materials wasn't cause of the damage it was something else that they will cover, to I have any recourse? I feel pretty hopeless...:(
Roscolee - Look in phone book under State (YOUR STATE) FOR the state Insurance And BANKING COMMIS> they usely have a 1-800 phone number,And see if he will take care of it for you, he is ON YOUR SIDE, GOOD LUCK & GOD BLESS> IF I HAVE HELPED <RATE MY ANSWER BELOW ::: F.B.E.:) ;) :D

If you have a claim with your insurance company and they deny it for faulty materials, even though the materials wasn't cause of the damage it was something else that they will cover, to I have any recourse? I feel pretty hopeless...:(



The insurance company should have provided you with appeal info - that is almost always the first step, long before a lawsuit (at least where I am).

Also - I don't understand the faulty materials part. Could you explain a little more - I investigate claims and I've never run into this before.

I've certainly investigated denied claims for homeowners but never heard the faulty materials part of things.

My house has a wood foundation. I know, it stinks but it's true. In October we had a severe storm in which one of the brackets on my gutter broke sending all of the water into the ground right at the window well. The water in turn, wash away and soaked (got wet) the foundation wall. That section of the wall is now bowed in about 2-3 inches. The insurance company sent an engineer out and he stated that it is in fact dangerous and needs to be fixed. However, I got a denila clain from the insurance company telling me they would cover the gutter, but not the foundation wall because of faulty materials.

My house has a wood foundation. I know, it stinks but it's true. In October we had a severe storm in which one of the brackets on my gutter broke sending all of the water into the ground right at the window well. The water in turn, wash away and soaked (got wet) the foundation wall. That section of the wall is now bowed in about 2-3 inches. The insurance company sent an engineer out and he stated that it is in fact dangerous and needs to be fixed. However, I got a denila clain from the insurance company telling me they would cover the gutter, but not the foundation wall because of faulty materials.



Well, my argument would be that if those walls were faulty, they were also faulty when the company wrote the policy and collected your money. You are not an insurance underwriter - you didn't lie on the application, how do you know what they do or don't consider as faulty.

At this rate if your house burns down the insurance company says, "faulty wiring" and walks away - ?

I believe they are wrong and will lose, lose, lose.

JUDYKAYTEE & ROSCOLEE - I used to for several years did repair work on rental, for home owners commercial bldgs. & this was a new one for me also. Ive heard of all kindsof excuses when a insurece co. just don't want to pay. I had to redo a bathroom once that the owner had been with this ins. For over 30 years and had no claims , and on this when he turned it into the ins. co. they refused payment on the reason it did not cover water damage, he asked them ;you mean if we have and a tree limb come threw the roof and there was water damage from this I DON"T HAVE COVERAGE>THEY TOLD HIN THAT RIGHT. After the ins. man left I TOLD HIM TO GO TO THE " INS> AND BANKING COMMN> FOR STATE OF TN. know what "THEY PAID" I HAD A lot of dealings with INS> co. and he solved a lot of the people I done work for. Another Time THIS couple had just got married and gone to BAHAMAS for 2 weeks and returned to find the hot water tank had sprung a leak,(LARGE UTILITY ROOM <HAD A PARTITION WITH SHOWER<TOILET< SINK) .His ins. Co . Said the deductable was $ 500.00, because there was a wall between the bath and the actual utility room, instead of just the reg $ 250.00, "RIP OFF" I gave him the phone number for the man in NASHVILLE, three guesses and first two don't count. I feel sorry for all the people in the USA that don't stop to think or know just what there real rights are.. ALL CONTRACTORS SHOULD LET PEOPLE KNOW JUST LIKE I ALWAYS DID. GOOD LUCK 7 GOD BLESS ;;; F.B.E.

Thank you's all around to both Flying Blue Eagle and JudyKayTee... With this information in hand, I'm going to the insurance company. When I go I will have (which I already looked up) the phone number for the Ins and Banking Commis. Perhaps now I can stop working 7 days a week, adding 120 miles to my truck, to try and get the money to get this problem fixed. I wish I could show a picture of the 4x4's and floor jacks that I have in my basement currently to keep the house secure. Not to mention the 6' x 8' lean-to on the outside that is covered by a tarp. I think my house is the joke of the neighberhood right now. But that's all right. To date I have spent nearly $300. To try and secure the house, which I plan on making the insurance company reimburse me for. I couldn't give you two enough ratings (you have to give to someone else before I can go back to you), so I thought this would be the second best way to say THANKS...

Roscolee - IM SO VERY GLADE THAT JudyKayTee AND I was able to help,And I wish you the best of luck with the Ins. co. now that you are armed with some facts. I thank you for vyour compiment If you need anything more we can help you wiyh ,just come back on here and let us all know GOOD LUCK & GOD BLESS ::: F.B.E.

Thank you's all around to both Flying Blue Eagle and JudyKayTee... With this information in hand, I'm going to the insurance company. When I go I will have (which I already looked up) the phone number for the Ins and Banking Commis. Perhaps now I can stop working 7 days a week, adding 120 miles to my truck, to try and get the money to get this problem fixed. I wish I could show a picture of the 4x4's and floor jacks that I have in my basement currently to keep the house secure. Not to mention the 6' x 8' lean-to on the outside that is covered by a tarp. I think my house is the joke of the neighberhood right now. But that's all right. To date I have spent nearly $300. to try and secure the house, which I plan on making the insurance company reimburse me for. I couldn't give you two enough ratings (you have to give to someone else before I can go back to you), so I thought this would be the second best way to say THANKS...



Please be aware that Flyingblueeagle's post is concerning a specific exclusion in a homeowners policy - water damage (apparently).

I was addressing a pre-existing condition - not a specific exclusion.

There is a difference.

For example, people have water in their basements and file with their homeowners insurance. If it is flood damage and they do not specifically carry flood insurance they have no coverage - flood damage is a specific exclusion.

If it's a sewer backup or the like, yes, then it's covered.

Just a heads up!

Hello r:

You've been given excellent legal advice. However, there are often TWO problems associated with the law. One is the law itself, and the second is what to DO about it.

I believe you're right. Unfortunately, being right isn't always enough. In our system, being big, using intimidation tactics, and having lots of lawyers on the payroll IS, often times, enough.

They've already denied your claim. They're not going to lay down for you just because you show up with info you got off the internet. How do you think insurance companies got so rich??

So, if you feel comfortable that you can hold your own in an adversarial meeting, then go kick their butts. But, if you don't, take a lawyer with you.

excon

[QUOTE=excon]Hello r:

You've been given excellent legal advice. However, there are often TWO problems associated with the law. One is the law itself, and the second is what to DO about it.

I believe you're right. Unfortunately, being right isn't always enough. In our system, being big, using intimidation tactics, and having lots of lawyers on the payroll IS, often times, enough.

They've already denied your claim. They're not going to lay down for you just because you show up with info you got off the internet. How do you think insurance companies got so rich??

So, if you feel comfortable that you can hold your own in an adversarial meeting, then go kick their butts. But, if you don't, take a lawyer with you.



All excellent points - and if you do meet with the insurance company make certain it is a NON BINDING meeting or a NON BINDING arbitration. If they want a binding arbitration, go directly to the legal system.