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FIRESTORM VICTIMS

 
At this difficult time the last thing firestorm victims should have to be thinking about is how to protect themselves in the days ahead.
 
Insurance companies are principally interested in earning profits for the company and its' stockholders. One of the ways they do this is by controlling the amounts paid out in claims.

Some companies will even deny or underpay valid claims.

If you have a substantial firestorm claim you MUST prepare yourself to handle it properly.    
 
Begin by reading and copying the 10 Key Tips to the right.

 
 

10 KEY TIPS

1. Do not simply accept your insurance company's word for what is, and isn't, covered under your policy, or in what amounts. Sometimes insurers are less than candid about this.

2. Hire your own contractors, appraisers or other experts. Have them provide BIDS NOT ESTIMATES.  Estimates are worthless. They are mere opinions about what someone hired to do the work MIGHT charge.

A not-to-exceed bid, on the other hand, is a commitment to do the work for the price stated. Do not accept settlement from your insurer based solely on the company's "estimate" of your financial loss. Get your OWN rebuilding or repair bids.

3. If it turns out that the dollar amount your dwelling or personal property insurance is inadequate to cover your loss, your limits may not be enforceable by your insurance company. If the reason the limits are too low is because your insurance company sold you insufficient coverage in order to keep its premium competitive, then the company may be responsible for paying the full amount of the loss regardless of the stated limits on your policy.

Following the Oakland Firestorm of 1991, California Insurance Commissioner John Garamendi levied millions of dollars in fines against major insurance companies because they had intentionally under-insured policyholders in order to reduce rates to increase sales. This is still going on.

4. Pay special attention to "code upgrade," "replacement guarantee," and "ALE" (Additional Living Expense) provisions in your policy. These coverages can make the difference between economic survival and bankruptcy.

5. Be very careful about submitting any insurance dispute to binding arbitration. Doing so forces you to waive or give up your legal rights, and many arbitrators -- reluctant to bite the "good hands" that are feeding them -- are strongly biased against claimants.
 
6. Don't assume that just because an adjustor seems friendly that he/she is on your side. Remember that adjustors work for the insurer, get paid by the insurer, receive bonuses from the insurer, get promotions from the insurer and will do what the insurer tells him to do. 
 
7. Be aware that if an insurance company handles your claim in bad faith (unfairly), forcing you to sue to get what you are owed, the company can be held responsible for paying your attorney fees, costs and resulting losses. This gives you leverage when you are simply trying to get the insurance company to pay your claim fairly. Most courts and judges recognize that you shouldn't have to sue your insurer to force them to be fair and pay what they owe.
 
8. Don't say anything to any representative of your insurance company without knowing your rights first.
 
9. Understand that you can use the confusing legalese and loopholes in your policy to YOUR advantage. The rule is that any ambiguity in an insurance policy has to be interpreted in YOUR favor. In addition, any exclusion has to be in clear language. Last, policies must be interpreted in a way that satisfies the "reasonable expectations” of the insured. These so-called  "rules of construction" are very important.
  
10. Do not sign a "full and final release" until you are comfortably sitting on your couch in your rebuilt home watching "60 Minutes". Look out for the fine print on the backsides of checks that you have to endorse in order to get the money. Believe it or not, some companies try to get off the hook for further payments in this manner. Courts usually won't enforce such releases but most insureds don't know that and are fooled by the tactic.

 

Click here to visit InsuranceConsumers.com for Additional Assistance.

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