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Toller Toller is offline
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Default insurance payout when work is not done


"Holly Homeowner" wrote in message
ps.com...
Hello.

Our vacant house had been on the market for 3 weeks when a second
floor toilet supply line broke and let water pour through the house
for at least 24 hours. The dryout took 2 weeks but the independent
adjuster was there on day 2. He recommended a contractor but we felt
that we needed more than one estimate. This absolutely befuddled the
adjuster. In any case, we were waiting for the adjuster to tell us
what would be covered so we would know what to ask contractors to bid
on but he would not finalize his estimate until his "buddy", the
contractor, produced his own. Then the 2 folks made their bottom
line numbers agree. We examined the contractor's estimate and found
several issues but the adjuster would not modify his estimate before
submitting it to our insurance company. So, now we are in the process
of requesting a supplement. This is much more difficult.

Note that, during this time, we had been told that we would get an
initial payout of the depreciated cost of the repairs, less the
deductible. If we actually had the repairs done then they would pay
whatever it cost, allowing even another 20% on top of that for
overhead and profit to a general contractor.

OK, so keep in mind that this house was on the market and the market
here is really bad - there is about a 6-month supply of houses on the
market TODAY. So, along comes a flipper with a lowball offer to buy
the house as-is, for cash, with no home inspection. Our realtor told
us to take the offer and be happy with it because we could end up
fixing the house and then getting it back on the crowded market,
losing another month or so, and then still have to wait for another
buyer. So, we took the offer but are continuing to fight the
insurance company for the items that they missed.

Well, this is the problem: The house is sold. I took tons of
pictures of the items that we have issues with. Now the insurance
company is giving us the "have the contractor contact us when he's
ready to do the work and we will discuss any additional items then"
runaround. And now, the adjuster is saying "well, now that you raise
all of these issues I think that there were some items that I over-
estimated on so I guess I'll just need to come out and re-inspect."
Is that a threat or what?

They are making out like crazy because they don't have to pay for all
of the work - just the depreciated value. So is it unreasonable to
expect them to pay for the "hypothetical" need to remove the radiators
before replacing the subfloors and hardwood floors instead of making a
contractor tell them that they cannot do the work with the radiators
in place?

I have spoken with the state Bureau of Insurance and they can't help
us. This is a weird case of a homeowner fighting to be paid for work
they are not going to have done. But, WE ARE ENTITLED TO THE MONEY
ANYWAYS!!!

Gosh, can anybody help??? Nothing this vague in nature is in the
policy or anywhere else.

I have had a couple claims and they were settled in a similar fashion; my
contractor had to explain to the insurance company why the adjuster was
wrong. Only difference is that I got 80% of the adjuster's amount if I
didn't have it fixed; not too different than your depreciated amount.
It seemed like a reasonable process to me.

Your problem is that you are continuing to fight for the higher amount
eventhough you are not having it fixed. Never thought I would ever say
this, but I am on the insurance company's side here; you can't
simultaneously say the amount is inadequate, but you don't want to have
anything fixed anyhow.