With Tropical Storm Chantal fast approaching, now is a good time for insurance companies to review and consider their practices and procedures when responding to a windstorm claim. While the vast majority of claims are legitimate, some claims may cause concern as to whether or not the damages being claimed are the result of the named storm or whether the damages were caused by some other, pre-existing loss.
There are several things an insurer can do at the claim adjustment stage that may assist the lawyer if and when the claim develops into a lawsuit.
Do not be penny wise and pound foolish and delay in the retention of a qualified expert – It is critical that an expert (usually an engineer) inspect the damages as soon as possible. A delayed inspection may allow the argument that the passage of time skewed the findings and conclusions of the insurance expert. Worse, not retaining an expert makes it increasingly difficult (but not impossible) to defend the denial of a claim based upon unrelated and/or pre-existing damages.
Obtain photographs of the entire home – Sometimes, additional damages in other parts of the home are claimed after a lawsuit is filed. The field adjuster must be sure to obtain photographs of all areas of the home, including those areas of the home that are not affected by the loss. Having photographs of the entire home will help determine if the claim for additional damages is legitimate.
Recorded statements are a great tool if you avoid the pitfalls – Memories fade, lawsuits may be filed years after a claim is made, and technology sometimes fails. Make sure you institute a procedure for backing up your recorded statements as digital copies get lost, copied over or corrupted. Make sure to take the statement of all the residents of the home and any other witnesses that may be called upon to testify about the facts of the loss or damages.
There are several other things an insurer can do to at the claim adjustment stage that may help defend against lawsuits filed on illegitimate claims. If you would like to learn more, please feel free to contact the Goldstein Law Group.
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