My client and his wife came home one day and their home had burned to the ground. In addition, 50 years of memories and possessions were also destroyed. The insureds promptly reported the claim to their homeowners insurer, and the nightmare began.
There was never any question that the fire was caused by an electrical problem and absolutely covered under their homeowners insurance policy. But, the homeowners insurer dragged its feet, and repeatedly asked my clients to “prove” what contents were in the house. The insurer repeatedly asked them to provide receipts and pictures of the items. The insureds repeatedly explained to their insurer that the any receipts and pictures they had were destroyed in the fire. The insurer refused to pay for the items that the homeowners could not prove they owned.
With over 23 years of experience dealing with cases like this, this is one of the most common tactics I see. Homeowners do not have to “prove” what they lost. It is sufficient to “say” what they lost. After that, if the insurance company doesn’t want to pay, they have to prove that the insureds are misrepresenting their losses.
Today, I filed a lawsuit against the homeowners insurer for breach of contract.
As with most of my insurance cases: If I win, the insurance company must pay my attorney’s fees and costs; and if I lose, I’ll work for free.
Remember, the denial of your claim is not the end of the inquiry, it’s just the beginning. Almost every insurance case I’ve ever won all have one thing in common. They all started with “no.”