The insurance policy for your property is not to be used as a warranty agreement. The policies generally cover sudden and accidental losses caused by covered perils or perils not excluded to covered property.
There is a time and place insurers to rely upon the policy limitations and exclusions when after an investigation the facts warrant.
However, homeowners and business owners should take a second look at a denial letter to see if the adjuster just cut and pasted in some language he or she says applies to your loss, but the listed provisions may be improperly raised.
As counsel for policyholders with lawsuits against their own insurance companies, we see the far-fetched, irrelevant provisions and just plain wrong excuses and exceptions, but it is important to review and question the denial letter sent on your property claim to see if it is accurate or can be challenged.
Here are a few examples of what we commonly face and have been able to overcome, depending on the true detailed facts presented.
- That’s just wear and tear.
- That must pre-existing issue
- Don’t you maintain this place?
- That’s just neglect
- That’s been leaking for a long time and it’s not covered.
- That’s been leaking for a short time and it’s not covered.
- We can replace one shingle but the rest are fine.
One of the necessary and powerful tools needed to overcome the improper excuses listed is your insurance policy. You need a complete copy.
Documenting and preserving the evidence will also help reveal that the insurance company is off base or dead wrong.
