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Allstate Insurance has refused to pay for storm damage to my…

Customer Question
Allstate Insurance has refused...

Allstate Insurance has refused to pay for storm damage to my house. They based their refusal on pictures taken by someone who came to the house and took the pictures and sent them to some adjuster. Now they won't show me the pictures they took they used to deny my claim. Is this legal?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Maryland

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

Yes. We made the claim, they made and missed appointments, finally sent someone, and denied and closed the claim.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. This is a long, delayed process and they have tried to inconvenience us at every step.

Submitted: 8 months ago.Category: Legal
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Answered in 2 minutes by:
11/9/2017
Lawyer: Olivia Kent, Attorney replied 8 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,978
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

ANSWER: While they can deny your request to see the photos, you can request if you decide to sue Allstate which, I'm not going to lie to you, is NOT going to be an easy process (suing any big company is not an easy process). I hope that answers your question - but if not, please let me know and I'd be happy to clarify anything. If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars - 5 is definitely appreciated!). If you have follow up questions I'd be happy to answer them as well. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your questions.

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Customer reply replied 8 months ago
There is something wrong here. I made a valid claim, they verbally denied it based on pictures they claim disprove my claim, and I can't see the evidence they are citing? How can that be?
Customer reply replied 8 months ago
Hello?
Customer reply replied 8 months ago
Why?
Lawyer: Olivia Kent, Attorney replied 8 months ago

They aren't obligated to disclose the photos that they took, though you are completely within your right to ask. I just want you to know you can't MAKE them give them to you without litigation. Frankly, that's the only way to MAKE someone do something. I would keep calling them and keep asking. I'm not suggesting you drop this entirely - but I want you to know what to expect.

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Lawyer: Bill Attorney, Lawyer replied 8 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,598
Experience: Attorney
Verified

Dear Customer ,

I'm attorney Bill assisting you. I see your previous expert opted out of your question.

Your insurer is obliged to pay your insurance claim under the contract of insurance expediently on presentment of your claim and valid policy.

If Allstate are acting in bad faith in relation to your claim you can sue them for punitive damages in addition to your insurance loss under the bad faith insurance rules. You would also be entitled to attorney's fees in this type of action.

Maryland Code, Insurance Article 3-1701 gives you a right to sue for bad faith.

In addition you can file a civil complaint with the Department of Insurance who will seek resolution of your claim and contact the company on your behalf.

http://insurance.maryland.gov/Consumer/pages/FileAComplaint.aspx

We are here to help, so please follow up with me if you require further assistance.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5****, 4**** or better.

SO I hope you rate FIVE STARS before exiting today.

Thank You

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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