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I have had Home Owners insurance with Travelers several

Customer Question
I have had Home...

I have had Home Owners insurance with Travelers several years. Last year the floor in my den began to cave. I called Travelers. They sent an investigator out who made the determination that the damage was because of Termite damage. According to the company they do cover damage resulting from termites. That being the case, I hired a Mexican to repair the damage. Subsequently, Travelers sent several letters, demanding I show proof that I had made repairs. I took the position that if they did not cover such damage, it was none of their business. I, therefore, ignored the letters. They then sent mail indicating that as of July, 31st my insurance would be cancelled. I called to inquire as to why. This was late July. According to Ms. Edwards, if I furnish the requested info she may be able to stop the cancellation. I informed her that a Mexican had done the work for me, and that I did not have info from a reputable company. She asked that I supply a detailed statement, along with pictures, of the work that had done. After complying with her request, she said the only documentation that would be satisfactory would be that the work had been completed by a LICENSED CONTRACTOR. I cannot furnished such proof. If this had been the stipulation I should have been told upfront. I could have therefore gotten another insurance carrier to cover me before the expiration date afforded me by Travelers. I am now without homeowners insurance. Chase, the mortgage company, has notified me that I must have insurance so I expect them to add insurance to my payment.

Lawyer's Assistant: Is this a fixed-rate or adjustable-rate mortgage?

Fixed rate.

Lawyer's Assistant: Has anything been filed or reported?

Nothing more than the copies of the completed work as requested.

Submitted: 11 months ago.Category: Legal
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Answered in 8 minutes by:
8/4/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,348
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. You have to keep in mind that much of this dispute may be resolved by what is listed in your policy. If it is listed in the policy that a licensed contractor must have done this work for the insurance company to cover it, then you may not have much of a case. If it does not say that a licensed contractor had to do this work and they are just saying this way after the fact, then their inability to cover the matter and their cancellation of your policy suggests something that would help you under contract law.

What I mean by that is this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually. ask you

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Lawyer: Legal Eagle, Lawyer replied 11 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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