Typical homeowners' insurance coverage covers damage caused by fire,
theft, vandalism, and storms. Floods and earthquakes are typically excluded
from homeowner's insurance policies, but they may be covered under
supplemental policies. Numerous policies include coverage for incidental
charges, including the cost of temporary accommodation while your home
is being repaired. Whether or not you can file a lawsuit if you are unhappy
with the resolution of a claim depends on the nature of the issue and
the terms of your policy.
The arbitration clause in your homeowner's insurance policy trumps
the merits of individual claims. Although almost half of the states permit
these clauses, not all homeowner's insurance contracts include them.
If your policy contains an arbitration clause, you virtually never have
the right to sue your insurance provider. You must instead submit to an
arbitration process in which you forfeit many of your typical legal rights.
A 2009 research by the Center for Responsible Lending found that customers
triumphed in arbitration disputes only 4% of the time. One of the reasons
for the imbalance, according to the report, is those arbitrators who ruled
against customers more frequently gained popularity in the sector and
received many more cases in the future.
The majority of insurance disputes involve coverage and settlement amounts,
regardless of the quality of the repairs. If your insurance company asserts
that your claim is not covered and you are unable to reach a compromise,
pursuing a lawsuit may be your only option. When the settlement amount
is contested, it is typically more cost-effective to reach a deal with
the firm than to file litigation. The settlement may be less than what
you believe you deserve, but unless the damages are substantial, you are
likely better off settling than litigating.
In most cases, your insurance carrier is not liable for substandard repairs.
You and the claims adjuster are primarily involved in the claims process.
Typically, negotiations conclude with both parties agreeing on a settlement
figure. You are then responsible for choosing qualified contractors to
complete the necessary repairs. If they are deficient, you have a dispute
with the contractor or whoever performed the repairs.
In certain situations, the settlement and repair process may expose the
insurance carrier to potential liability. A house that has lost its roof
due to a storm, for instance, may require initial emergency repairs or
suffer more damage. The insurance company may incur liability if it refuses
to pay for these repairs until you accept its overall settlement offer.
If you did not have enough money in your settlement to adequately restore
your home, a court might void the original settlement agreement because
you signed it under duress and hold the firm liable for the expense of
properly repairing your home. Consult a real estate attorney for assistance
with such sophisticated insurance issues.
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