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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111473
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Found a slow minor leak from my ice maked 6 months ago and

Customer Question

found a slow minor leak from my ice maked 6 months ago and shut off water; cabinet next to refrigerator was musty smelling which made me check; then I noticed my laminate flooring started separating so I looked into a new floor . . .when the installers came for a new floor to be put in it was noted widespread mold was on the subfloor and my Insurance; Allstate was contacted immediately . . . . I was put in a hotel for a week and the subfloor and new floor was put in but my bottom cabinets are ruined; today the Alllstate adjuster came and saw all the damage and said that since it was not an acute issue or accidental issue they would not cover any of it! Is this true they can just bow out? I thought water, fire etc. was covered in these home owner policies? I was told I have up to $36,000 coverage for damage in my home over the phone when I was talking to the claims adj. Seemed like everything was a go but now since this onsite adjuster came he said none of it was covered because it occurred over time . . . if you cannot see to the naked eye the damage how can you claim it?
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 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.
Allstate is one of the worst insurance companies to deal with when it comes to paying claims, they tend to deny as much as possible and force people to take them to court. This is because they have their own in house legal counsel so it does not cost them for outside counsel to fight claims. In order to prove the damage is covered under policy, you will need to get an expert in to determine the cause of the damage specifically and you would likely have to get an independent adjuster involved to fight them or you would need to sue the insurer and go to court for breach of contract and bad faith denial of your claim.
Until you have an expert to testify as to the exact cause of your damage and present that to Allstate to appeal their denial, you do not know if you need a local attorney or independent adjuster to pursue them to court, but that would be your final option once you present the expert evidence to the adjuster.

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