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Roger, Attorney
Category: Legal
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Are there laws against discrimination relating to insurance

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Are there laws against discrimination relating to insurance claims/settlements?
i.e. we have a flood claim ongoing as a result of Hurricane Sandy (our home is completely uninhabitable) and our claim isn't being resolved (all our neighbors have received equitable funds and are rebuilding) We're beating our heads against the wall. My husband is experienced and knowledgeable with respect to construction with over 35 years in the residential and commercial construction industry so I believe our perception of the damage is accurate. We've also had several estimates done by specific trades. Our claim sits and sits. Yesterday I was going through the paperwork and while looking at our Homeowners ins. dec. page thought of something completely "off the wall". We own the house jointly with my cousin and the insurance is in my husbands name and his name at our address. Is this crazy? could we be receiving discrimination because it's be percieved that the owners of the home are gay?

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry for your trouble over this issue.

The insurance company certainly should not be discriminating against you/your claim because of such a perception. Hopefully, there is a legitimate issue that is causing the delay.

It is possible to file a bad faith claim IF/WHEN the claim is denied, but until then you're really in a precarious situation.

The best course of action would likely be to hire an attorney to make contact with the insurance company in order to push things along. Also, your attorney can determine the issues that may be delaying the claim. Finally, if the claim is ultimately denied, then you would have an attorney familiar with the situation who could proceed with a bad faith claim against the insurance company.

Roger and 3 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

I was thinking we would have to hire an attorney. The claim hasn't been completely denied, it's more so in limbo I would say. Not completed, we're just waiting and waiting so the bad faith claim wouldn't apply.

Thanks so much for your prompt response and for clarifying the situation for me.

No problem.

It is not bad faith UNTIL the claim is denied. Until then, you're in limbo like you said. But, an attorney writing a letter stating that you believe that the claim isn't being handled properly, etc. should help you get some result.