Homeowner’s Claims Not Getting Paid?


Your insurance policy is a contract that is enforceable under the law. Once you suffer a covered loss under the policy your insurance company is under an affirmative obligation to investigate your claim, and to timely pay your claim pursuant to the terms of your policy.

As an insured you are responsible for cooperating with the insurance company’s investigation. You must timely report the claim. You must provide a proof of loss to support your claim. If requested you must provide a statement under oath. (Jordan v. Allstate Ins. Co. (2007) 48 Cal. App.. 4th 1062, 0178.) Prior to proving that the insurance company delayed paying your claim you first must prove that you have cooperated and that there is coverage for your loss.

Withholding of benefits can occur when the insurance company outright denies your claim and or pays you less than you are entitled to. (Mariscal v. Old Republic. Ins Co. (1996) 42 Cal. App. 4th 1617, 1623; Egan v. Mutual of Omaha, Insurance Co. (1979) 24 Cal. 3d 809, 820)

Intentional delay in the payment of your insurance benefits: It is not uncommon for insurance adjusters to delay their investigation or continue to ask for additional information prior to paying the claim, and then paying less than your claim is worth. (Waller v. Truck Insurance Co. (1995) 11 Cal. 4th 1, 36)

These are just a few examples of unreasonable conduct that insurance companies may engage in when investigating homeowners claims. Our firm will aggressively fight for the insurance benefits you are entitled to.

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