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Support your claim – do not wait! | Legal insurance blog about property insurance



The case of Christopherson v. American Strategic Insurance Corp. 2020 WL 5117991 (ED WI. 31 August 2020), serves as a good reminder to insured and public organizers to ensure the rapid submission of documentation supporting the claim for damages to the insurance company.

On 5 June 2018, the insured reported that a tree fell on his home, making it uninhabitable ("Claim 1"). The insurer maintained an independent adjuster (“IA”) to inspect and estimate the cost of repairing / repairing the damage. IA wrote an estimate of just over $ 11,000 and the insurer issued payment in accordance with its IA estimate. The letter accompanying the payment instructed the insured to inform the insurer if there was a dispute about the amount of damages covered and to provide alternative estimates. reconstruct the roof. The estimate for claim 1

was just over 37,000 dollars, or more than three times what was paid by the insurer. The insured did not provide this estimate to the insurer for almost five months.

Unfortunately for the insured, on 28 August 2018, a second tree fell on the home ("Claim 2"). The insured immediately reported claim 2 to the insurer. The insured immediately sent an engineer to the home to inspect it.

Approximately two months after claim 2 occurred, a raze order was issued to remove the building by the local municipality. The insured provided the insurer with the breed assignment together with a demolition proposal. The insurer did not pay the demolition invoice. The insured lacked the means to hire a company to demolish the home and performed the work itself. However, he never provided any documentation to the insurance company documenting his labor costs.

The insurer paid insurance limits for the home to the insured for claim 2 and also certain costs for additional living costs for claims 1 and 2. [19659003] Contrary to the insurer's position, the insured filed a breach of contract claiming that insurer 1 did not pay ) repairs in connection with claim 1; (2) any additional cost of living; (3) costs incurred as a result of the raze order; and (4) damaged personal property.

Finally, the trial court issued a summary judgment in favor of the insurer if each of the claims found that the insured had not provided evidence to support his damages and incur costs. With regard to claim 1, the court noted that the insured had not provided his estimate of the cost of repairing / replacing the roof before the second loss occurred. If the insured had done so, the insurer would have been aware that its original figure was far too low. Similarly, the court concluded that the insured did not provide any evidence that he had incurred his own costs of extra living expenses, made an invoice for the costs of his own work in connection with the raze order or provided support for the loss of his personal property. In essence, the court concluded that the insured had not provided any evidence that he had provided the insured with support for the costs and damages to his personal property.

Unfortunately, this case serves as a good reminder not to wait to provide documentation. and evidence to support your claim and damages.


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