Rude awakening and aftermath (Update: Hurry Up & Wait...)

[chugbug27 0]

Here's a publication by the International Association of Defense Counsel (an invitation-only collective of corporate defense counsel and insurance executives) showing which states do and don't have laws protecting against bad faith by insurance companies, and if so whether damages are limited to what is protected by the policy or include things like emotional distress, punitive damages, etc. (1st party is the insured, 3rd party is the person injured by the insured.) In Florida bad faith protections are built into the statutes (not left for courts to diminish), and provide an array of damages beyond the policy (consequential damages, attorney fees, punitive damages, etc). In Michigan you're limited to what's insured under the policy, unless you can prove what's needed to get punitive damages (typically proof of actual malice or fraudulent intent is required to get punitives).

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.iadclaw.org/assets/1/7/50_State_Insurance_Bad_Faith_Reference_Guide.pdf&ved=2ahUKEwiuyJL23fSHAxVAMdAFHU5tBUcQFnoECBQQAQ&usg=AOvVaw3Ms7Mjw-r2PanPVqGXh4pC

[flytire 0]

my dad had a 30+ year old rusty metal shed crushed by a fallan tree. i contacted his insurance company (Foremost Insurance) and was told to send them photos of the damaged. A week later a check was in the mail for over $2200. Way more than what that rusty old metal shed was worth

[Poopdeck 0]

9 hours ago, Capt Bob LeMay said:

We're very fortunate to be covered by USAA, and our very few claims were always settled in good faith, promptly... but down here in paradise - we're probably the exception... I've heard from more than one acquaintance that having to hire an attorney and a "public adjustor" is nearly routine if you want to be fully compensated under the terms of almost any property insurance... Wish it weren't so.  Public adjustors are working for you - not your insurance company and have working relationships with experts in every part of construction, restoration, etc.  In conjunction with your attorney they put together a full statement/estimate of your actual damages and present it first to your insurance company -pointing out that they're ready to go to court - or that the insurance company can settle for the actual damages and save not only court costs but the possibility of a bad faith judgment... down the road... 

This routine was so effective that my state changed the existing rules to put the insurance companies in a much better position to fight these kinds of actions.. and so it goes... The ordinary property owner is facing big odds again as a result.

If there’s anyone more crooked then an insurance company it’s a public adjuster.  I personally would never ever use a public adjuster. Of course, I’ve never had a problem with my insurance company. Once you go with a public adjuster and sign their document saying they are your agent working for you,  your insurance company will no longer speak or communicate with you about the claim. They will only deal with the adjuster and you will be completely cut off from the insurance company. So expect long delays and having zero knowledge of what’s going on other than what is being told to you by a different kind of crook. Best to work with the insurance company if at all possible. 

[vicrider 0]

Just got back to this thread. As soon I read Liberty Mutual my skin started to crawl. They overcharge and underpay as much as possible. They used lowball figures to get us signed up for house and car insurance then kept raising prices ever 6 months. When he finally had a claim they fought us every step of the way under they finally barely covered the minor damage we had. All insurance is a actuary game that very similar to Vegas the house always wins in the end. Not wanting to get into politics, especially as a mod, but the weather patterns we are experiencing thanks to weather changes of UNKNOWN reasons the country is being treated to multiple disasters destroying homes, towns, and lives. The way we get insurance coverage on our property is to divide all this up and give everyone their fair share of the pain. I am old enough to really consider saying the hell with the cost of home insurance and just staying in the house if we do get a tornado and get it all over with. Car insurance is basic coverage and we have to insure the Subaru for full coverage but as soon as that's paid for it gets liability only like the truck. Time to just take our chances and put that insurance money aside if needed for repairs or replacement.

[Bryon Anderson 0]

UPDATE:  I'll keep this brief - suffice it to say we are now on "Round 3" of trying to get our insurance (Liberty Mutual) to pay up. After two months, our original adjuster finally told us we could expect payment in the next 24-48 hours. Before that could happen, however, we got a call informing us that Adjuster #1 had so royally screwed up the claim that we had been assigned to a new adjuster, and would be starting the process from scratch. So ended Round 1. Round 2 went much the same - nearly another month of screwing around, and finally they cut us a check---for about one-third of our actual damages. So begins round 3 - complaint filed with Michigan Insurance Commissioner, contractor (of our choice this time) submitted an estimate detailing what repairs will realistically cost, and a good friend who happens to be a pretty well-known attorney standing by to inform them of our intent to sue for a bad-faith claim if need be.

I am still grateful that it wasn't our home that was hit, but boy, is it going to be a loooong winter if I don't have my woodworking shop to escape to. 

 

[Steeldrifter 0]

Don't even know what to say Bryon, that is just absolutely ridiculous.

[flytire 0]

youre probably gonna get your insurance payment in a shorter amount of time than these folks are gonna get theirs

how do you think these people that probably lost everything the owned and will probably never recover or get an insurance payment

[Mark Knapp 0]

Yuck. Best of luck to you.

[Bryon Anderson 0]

On 9/28/2024 at 8:47 AM, flytire said:

youre probably gonna get your insurance payment in a shorter amount of time than these folks are gonna get theirs

how do you think these people that probably lost everything the owned and will probably never recover or get an insurance payment

You're right, Norm, and I can't imagine how they must feel. Beyond devastated; probably nearer to hopeless. I don't for a moment think that my situation even comes close to something like that. Thank you for the reminder that my energy is much better spent on gratitude for what I still have and compassion for others who are facing true hardship, rather than on self-pity. 

(In case this sounds snarky or sarcastic, please know that I don't mean it that way.) 

[Capt Bob LeMay 0]

Actually.. ... those that got wiped out will probably get a fairly quick check - since each company will send a dedicated crew (or crews) to clear the claims (stuff with FEMA will be a whole different deal).  The clean up will be onerous - but there will be occasional buying opportunities since after settling, each property owner will have their choice of whether to re-build or not... Those with some damage - but not a total loss will be the ones with long and difficult insurance dealings (was the damage caused by flood or wind?  etc.).  My house is 14 miles inland on the Atlantic side and I pray that we never need the flood and / or homeowners coverage (homeowners insurance here in Florida is very expensive - and likely to get even more so...).  Back in 1992, with hurricane Andrew - that thing was aiming directly at us - but about two hours before landfall it changed course and hit 30 to 40 miles to the south.  To provide some perspective about really bad hurricanes -  in the southern half of Dade county - hardly any structure still had a roof....  One of the hallmarks of a really bad hurricane is the total silence coming from the areas hit the hardest since along with no electricity - no cell phone service at all... 

[redband02 0]