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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116705
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My home insurance is with liberty Mutual insurance and I

Customer Question

My home insurance is with liberty Mutual insurance and I have a policy that is suppose to pay the current price of item you lose. I have this policy but I have never been paid the inflation price of the my claim they told me that when you replace the item give them the receipt and you are suppose to be paid the different. When they pay for a item they decide how much you paid for item then subtract amount of the depreciation amount but once you buy the item they are suppose to pay the difference I have never been paid the inflation price. When I bought the policy I thought that it would be a good thing because what you paid for a product two years old ago would cost you more but they still deducted from the price instead of giving you the inflation price. I was wondering if they can be sued for the amount they deducted
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 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.
If the policy is a replacement value policy ad the policy says they would pay for replacement costs they mean "reasonable replacement costs" and if you provided them a bill, they are liable to pay it. If they are not paying it then you can sue in small claims court to get paid for the difference. But yes, if the policy is actually a replacement value policy and they neglected to charge you additional premiums then they are still liable to pay the coverage that is stated in your policy.
Customer: replied 8 months ago.
The policy is a replacement policy and just know I'm not the only person who has this policy and they have not paid what should I do to file a class action suit
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
Sorry, but "filing a class action suit" is a misconception among people who are not familiar with the law. A class action suit is only a regular suit where they have more than 20 people who have identical claims. You do not really "file a class action suit," they start by one person filing suit and if the attorney who filed the suit can find other people in the same exact position they will add them to the case as plaintiffs.
But if they are not paying you on your claim, what you need to do is file a civil suit for breach of contract against them and pursue them in court for the money they owe you.
Customer: replied 8 months ago.
Ok so I need to suit them because I was charge for the inflation policy but I was never paid the inflation amount they subtracted the cost of the item and when I replace it they never gave me the different
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
Yes, you need to file a civil suit against them for the replacement value of the items to recover your money if they refuse to pay it.
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