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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19675
Experience:  B.A.; M.B.A.; J.D.
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I am curious about a situation we are currently dealing

Customer Question

I am curious about a situation we are currently dealing with... In November our Fuel company overfilled our tank, we use this for a heating source, they did nothing. I finally filed a claim with their insurance company based on the advice of my insurance company... we had another spill into our home a few days ago, again they are doing nothing but blaming us for the issue, we are positive we are not at fault in anyway... we have had the MPCA and EPA involved but since it is under so many gallons, it really is just a matter of clean up and replace the ruined walls, carpet and seal the concrete. There is a major concern at this point as we are not being helped at all by the fueling company and they are putting blame on us as the home owner.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am in Minnesota
JA: Has anything been filed or reported?
Customer: We reported the spill to both the MPCA and EPA and the fuel companies insurance
JA: Anything else you want the lawyer to know before I connect you?
Customer: The first spill happened on November 11th, a great Veteran's day gift to both of us...they MPCA ran tests, the EPA cleaned it up, and the adjuster still has not confirmed anything on this claim as far as repairs etc.
Submitted: 9 months ago.
Category: Legal
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

If there is indisputable evidence that the fuel company overfilled the tank, the fuel company's insurance must pay for all your damages as a result of the overflow. If the insurance company is dragging its feet, then you may have to retain a consumer Attorney to file lawsuit against the insurance company for unfair and deceptive act and practice for failure to pay a properly submitted claim.

You can use the following sites to find local consumer Attorneys:

Goodluck with your case,