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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33103
Experience:  16+ yrs. of legal experience.
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I have a second home in Arizona about 280 miles away. A gh

Customer Question

I have a second home in Arizona about 280 miles away. A high pressure leak in the shower pipe caused half of the manufactured home floor to be warped which also caused damage to the walls and household contents. Foremost (Farmers) sent a claim adjuster on June 3rd, 2015 who spoke like she was going to be efficient. Instead, she would not respond to any calls after that meeting .I waited a few months and then started following up with her. Upon repeated calls, emails and texts, she finally prepared the claim in November. The claim calculations were prepared in a hurry with a replacement cost determined as $27,959.84 and I was reimbursed $13,971.92, with depreciation calculated at $13,987.92. The contractor who was introduced by her let me know that he only requires the amount of $13,971.92 in two installments of $6,985.85. The first $6,985.85 was paid upon the start of work and now the second payment of $6,985.85 is due upon completion of subflooring which is this Wednesday, January 20th.The contractor will start the rest of the work of installing dry walls, replacing kitchen cabinets and restoration in general and upon completion he gets the depreciation amount of $13,987 from Farmers. I drew up a contract which states that he cannot ask for more than what the claim paid by Farmers.Thus, the contractor gets paid $27,959.84 plus the $2,000.00 paid by me (as I opted to have the whole unit being re-plumbed for future leak avoidance, the previous pipes were known to expand due to their age). Most household contents were moved out to a storage unit except the furniture the movers left in the patio due to shortage of space in their storage facility. Some of these pieces which were left were contaminated and others were not (fine furniture), under a cover in the covered patio.
Due to high winds and rain, the cover came off and therefore the furniture got damaged. Subsequently I was given an estimate by the furniture company which the claim adjuster recommended. The furniture repair person labelled most items NCE (Non Cost Effective). We (Me and my Wife) insisted that we keep 4 pieces out of 28 which had sentimental value and were cost effective to repair due to their antiquity value and therefore get reimbursed for NCE items.
Also in June, 2015, I was told by the claim adjuster that I would be reimbursed for my stays at a Hotel/ Motel and food costs while I was at the property to meet with the claim adjuster and while I was there on the follow up visits for preparation of removal of household contents. I submitted my expenses for the 3 trips. The claim adjuster asked me a month ago to give to her my daily food expenses as I get reimbursed for that category for the minimum time it takes to restore the property to its prior claim condition.
I gave her the amount as being $45 daily, previously in July, 2015 I had sent her the claim amount for 3 trips of $1,130 approx. She sent me an email as she did previously in November 2015 that she will call me on Monday 18th, 2016, to explain how reimbursement takes place. Again there were no phone calls even though I sent her an email and a text and a voicemail today, letting her know of my availability all day today. I am wondering what steps can I take to ensure that I bring forth to the attention of Farmers or Insurance commissioner that these matters need to be addressed and also the legal rights I may have as a consumer to ensure that I do not end up on the short end of the stick so as to speak for reimbursement purposes?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 10 months ago.

Disregard please, this was a mistake

Customer: replied 10 months ago.
In addition to the the non reimbursement for 24 pieces of furniture which should amount to several thousand dollars, there is a question in my mind that if the claim is not processed for further supplements as needed for restoration of the customized kitchen's due to this claim adjusters lack of action what are my rights and what procedure I need to follow to ensure that that I am not out of pocket due to statue of limitation which runs out on June 01, 2016?