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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111600
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was robbed and filed a claim with my insurance company. I

Customer Question

I was robbed and filed a claim with my insurance company. I increased my premium two years ago after discussing with my agent he fact that I had alot of valuables in my house that would need to be replaced if anything happened. After I was robbed I filed a claim. My adjustor told me I had a replacemnt policy. I submitted the police report and gave proof of loss. The insuror sent me the acv telling me if I replaced the stolen items they would give me the replacement value. I discovered additional things missing and called them. The adjustor told me to submit everything as I had done before . After spending over 100 hours finding proof of loss for the additional items the adjustor wrote and said she was sorry but she had made a mistake. Namely, that I have an Actual Cash Value policy , not a replacement policy. She said she would honor the replacement value of the already processed claim for which I received the ACV last July. In the process of proving loss I realized the ACV of my additional property would yield very little due to the age vs original cost of the items. I called my insurance agent who sold me the poicy and found out my premium is now going to go up because I have filed this recent claim and filed a mold claim two years ago. Should I return the payout from the claim so as to withdraw the claim? I depending on the adjustor's advice and proceeded as she advised. To me this constitues negligence on her part. I don't know what I can do now about withdrawing the claim or asking the adjustors company to compensate me for my lost time in providing proof of loss based on my adjustor's mistake relatve to my policy. My guess is that they will say it was my responsibility to read my policey (and I did) but I specifically called the adjust tor go over what I was covered for and specifically told me I had a replacement policy.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Once you filed the claim and the claim was processed it is now too late to cancel the claim. If the agent made a mistake and did not sell you the policy type that you had discussed, even though they added to the premium and told you that your policy had been changed, then you can sue your agent under what is called an "errors and omissions" claim, for which most all agents have insurance coverage. The negligence is on your agent who sold you the improper policy and the adjuster was giving you replacement value, which is more than they had to do by law at that point and your recourse is against the actual agent that sold you the policy.
It is too late though to now cancel the claim.