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Lawsuit Filed for Insurance Company Refusing to Pay the Right Amount for Water Damage

By Mark Nation on October 19, 2011
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One of the most common types of homeowners claims is for water damage.  And, one of the most common types of claim denials or underpayments I see is for water losses.

In many cases, the insurance company will deny the claim and assert that it is not covered, or will low ball the damage.  Typical illegal denials include where the insurance company says that the water loss is due to wear and tear, or improper maintenance, or that the leak was caused by a plumber.  These are covered losses under your policy, although the insurance company may tell you otherwise.

Yesterday, I was retained by a homeowner who had a water leak.  The estimate for repairs was around $32,000.  The insurer agreed that the loss was covered, but then low balled the damage at $13,000.  The adjuster told my client that was all he was going to pay “no matter what.”  Upon hearing this, most people go away.  I’m sure that is what the adjuster was hoping.

Instead, I filed a a breach of contract lawsuit against the insurance company.  If I win, the insurance company will be required to pay my fees and costs, and if I lose, I’ll work for free.

Please know that I promise to look at any insurance denial for free.  Even if you think there is no way to overturn the denial; even if the insurance company has an engineering report against you; even if you think the insurance company is right…let me look at that denial for free.

Fighting the good fight.

Photo of Mark Nation Mark Nation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications

Read more about Mark NationEmail
  • Posted in:
    Insurance
  • Blog:
    Florida Insurance Blog
  • Organization:
    The Nation Law Firm

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