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Lanier Law Firm Bad Faith Insurance Attorney Phillip Sanov quoted in DailyFinance.com article
How to Get Your Insurer to Pay Your Hurricane Irene Claim
 
August 29, 2011 6:00 am

DailyFinance.com:

So, let's assume you did the right thing in getting insurance to protect yourself against those times when Mother Nature comes knocking. Your next challenge may be getting the insurance company to pony up the cash instead of trying to deny your claim.

"Families will have to dig deeper into their pockets, because insurers have been steadily increasing hurricane wind coverage deductibles and imposing other policy limitations," said J. Robert Hunter, director of insurance for the Consumer Federation of America and former federal insurance administrator and Texas insurance commissioner, in a prepared statement.

"This liability shift to consumers may take some by surprise, since disclosures are often buried in renewal paperwork that consumers may not understand or even read," he said.

"Because so many consumers experienced claims problems in the wake of Hurricane Katrina, we urge homeowners dealing with losses caused by Hurricane Irene to be vigilant with their insurance companies to ensure that that they receive a full and fair settlement," said Hunter.

How to Boost Your Odds of Getting Paid


If you want to increase the likelihood that your insurer writes that check, there is much to do.

....

Build Your Evidence

Anticipate the possibility of push-back from the insurance company, and be ready to hit them with documentation. When you file a claim, CFA advises immediately starting a notebook detailing all your contacts with the insurance company. List the date, time and a brief description of what went down. If you need to amplify later, this will give you a leg to stand on. If an adjuster says he or she will not come out, for example, write it down. If an adjuster is a jerk, note that too.

You own a ton of stuff. Make a list of it all. Better still if you took photos of your possessions before the storm, but If you didn't, don't sweat it. "Those snapshots from a party may offer proof of your TV that was destroyed, or the rug that was ruined," says Phillip Sanov, an attorney with The Lanier Law Firm.

Lanier Law Firm Bad Faith Insurance Attorney Phillip Sanov quoted in DailyFinance.com article

....

Know Your Rights

The squeaky wheel gets the grease. Do complain to the powers that be in the insurance company if you feel like a denial was unwarranted or the reimbursement too little. Don't stop there. Complain to your state insurance department: It will make an inquiry with your insurer. See a lawyer if you want to take it a step further.

Once the insurance company tells you the reasons for its action, it legally can't produce new reasons for denying payment or making a low offer at a later time. You have locked them in -- a major advantage for you.

If you review the policy and find that, without stretching your imagination, it seems plausible that you should get the full amount of your claim, you will likely win if you go to court. The CFA notes that courts consistently rule that if an insurance policy is ambiguous, the reasonable expectation of the insured party will prevail since the consumer played no part in writing the language of the insurance policy.

Expect the worst, but hope for the best. Said Hunter, "Not all insurance companies handle claims badly, so go into the claims process with an open mind. Be vigilant though, or you run the real risk of being shortchanged."

http://www.dailyfinance.com/2011/08/29/how-to-get-your-insurer-to-pay-your-hurricane-irene-claim

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