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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110486
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My name is ***** ***** I'm in Ohio my church roof has fallen

Customer Question

hi my name is ***** ***** I'm in Ohio my church roof has fallen in we have been vandalized we were doing some remodeling and we had a dumpster on the side of the building and one day I was driving by and see a man on the top of container I yell at him he jumps off and drive away I don't look at the roof (which is where we have AC) because of previous theft. I come in the next day the roof is falling in and the AC was hanging inside the church by electric cords. In short I put In claim a month later and claim vandalism in the mean while I wait 2 weeks to receive a copy of policy all they sent me was cover pages I call back to get policy and it takes I month to get it in the delay the trash company comes and gets the debris they never told me not to clean up or dump but it was taken away. it has now been 11 months and they still have not given us an answer and they had us come in and do a deposition I called them 2 days ago and the tell me well because there was no evidence of damage to AC unit or the wood and the way the condition \ design it was (it was built in 1952 by volunteers) no building code the building was not joined together right they didn't say it but implied they were walking away from us after taking our money for the last 10 years what can we do we are a small church with 40 members the building is now condemned because the walls are 3 inches out and 1/ 3rd of the roof is gone. their forensic engineer said you can not rule out vandalism in July then we had this long delay by them, then they called us in for deposition can you help us or lead us to someone that may be able to help we don't have the funds to pay but can you tell us who can help or what we can tell them I see we have already made some bad moves in going to deposition and waiting so long. help please pastor Mark
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 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.
The insurance company has to settle a claim in 30 days or provide good cause for not doing so. They are seeking to try to drag this out beyond the statute of limitations to sue them and are likely in bad faith by this delay.
I would suggest strongly the church get their local attorney to file suit against the insurance company for breach of the insurance contract and bad faith. A bad faith claim can entitle the church to up to triple damages plus attorney's fees, so it is a powerful tool to make them settle this claim.

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