The independent newspaper of the University of Iowa community since 1868

The Daily Iowan

The independent newspaper of the University of Iowa community since 1868

The Daily Iowan

The independent newspaper of the University of Iowa community since 1868

The Daily Iowan

How Property Insurance Disputes and Litigation Work, According to The Property Advocates

How+Property+Insurance+Disputes+and+Litigation+Work%2C+According+to+The+Property+Advocates

When you obtain property insurance, you are doing so to protect what is likely one of your most valuable assets — your home and everything inside of it. If your home sustains damage, you rightfully expect that your insurance company will help you pay to repair and/or replace what’s been damaged, according to The Property Advocates.

However, that perfect scenario does not always come true. Sometimes, property insurance disputes arise that ultimately lead to litigation. There are a number of common reasons why this might occur.

Below is an explanation of the four most common property insurance disputes and how they can lead to litigation.

Denied or Underpaid Claims

It’s possible that after investigating property damage, your insurance company may outright deny your claim or not pay you what you rightfully deserve. In all cases, the insurance company should assign an adjuster to your case.

This person will likely visit your property, inspect the damage, and then report back to your insurance company. It’s the insurer’s job to then provide a fair estimate for the repair and/or replacement and then offer you that amount.

If you disagree with this amount, you can dispute it. Sometimes, though, the insurance company won’t budge, which would force you to seek relief via litigation.

Coverage Misrepresented

It’s also possible that your insurer might try to say you aren’t covered for something you actually are. A common property insurance dispute arises when what the insurer is telling you doesn’t match what’s included in your policy.

If your insurer still doesn’t make an adjustment after you’ve reviewed your policy and pointed out the discrepancy, you may need to litigate to get the situation solved. In many cases, this could come down to the specific language that’s used in the insurance contract.

Claim Not Investigated

Your insurance company is going to make their claims decision based on the investigation of the damage that’s completed by an adjuster. However, it’s possible that the adjuster may not have done an adequate job of actually investigating the claim.

This is tough to prove by yourself, as it’ll be your word against the adjusters. The insurance company is likely to trust the adjusters they work with over you, so you’ll have an uphill battle to climb by simply arguing over the phone.

This is why disputes over property insurance investigations often find their way to court.

Claim Delayed Unnecessarily

The Property Advocates also point out that insurance companies are supposed to pay out claims in a timely manner. At times, though, they may delay the payment of a claim unnecessarily — for one reason or the other.

The exact time that the insurance company is required to pay your claim can differ from one policy to the next. It also could be up to the interpretation of a court.

If your funds have been delayed in getting disbursed to you, it’s possible you may need to seek relief in court.

About The Property Advocates

The Property Advocates, P.A. is a full-service Florida insurance law firm specializing in property insurance claims. With offices in Miami and Tampa, The Property Advocates team consists of nearly 14 experienced attorneys with decades of combined experience who are compassionate, knowledgeable, and not afraid to go to trial for their clients. They have a successful track record of resolving complicated property insurance claims and getting their clients the fair compensation they deserve.

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