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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2849
Experience:  30 years of experience
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My family and our entire region was in a massive flood which

Customer Question

my family and our entire region was in a massive flood which resulted in about 5 feet of water in our house. So I filed a flood claim. This part I am good with. The problem is we have another claim on home owners which is for rain that came thru the roof in different areas the day before the flood.
So as you can imagine, they are trying to get out of covering barely anything. They want to shove as much as they can onto the flood so they don't pay that much.
We had about a foot of water in house. Before the great flood. So I am trying to get them to cover Loss of Use, contents, and their portion of building.
So far they said send estimates and receipts. They did start the claim and paid me so far for some very small wall work and painting. They said the flood was responsible for the floor and i told them no, you are.
So what am I missing? I am looking for any pit holes here.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Expert:  Gerald-Esquire replied 2 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am afraid that you are not going to entirely like my answer. You have a Policy Overlap situation. Even though you had initial damage caused by the rain, the additional damage caused by the flood is going to cause the two policies and the two claims to overlap.

This is not entirely bad, but it probably isn't what you may have hoped. In essence you will not get paid twice for the same damaged property, even though there are two incidents, two policies, and two claims.

What you will get however is a sort of enhanced coverage. By this I mean that the coverage from the pne policy will pick up the deductibles and the uncovered portions of the other policy.

You still will need to keep good records, receipts, photos, and other documentation pertaining to the loss. You will need to press both insurance companies regularly until you get a complete recovery plan and payment.

These two articles discuss this type of problem in greater detail and are worth looking at:

https://usinsuranceagents.com/answers/1213/file-same-claim-separate-homeowners-insurance-policies-time

http://www.generalliabilityinsurance.org/coverage-overlap-with-multiple-policies.html

I know you are going to say that your situation is different because the first incident was prior to the flood. The insurance company is going to take the opposite position and tie all the damage together a storm related. I understand if you feel this is unfair, but I can't tell you something that is incorrect. It would only lead you to greater disadvantage for me to do so.

Unfortunately, you may very well have to file a claim in Court to get the insurance company to pay their due.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald