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Our home was flooded in Houston. We did have insurance

Customer Question
Our home was flooded...

Our home was flooded in Houston. We did have insurance coverage $250K/$100K. The content side paid the full amount. The dwelling only paid $190K. All of our contractors and claims people believe we are due the policy limits. Can I deposit the $190K or will I put my claim for the remainder at risk? The insurance company says, "NO". Thanks Bill

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

Texas and Houston to be more specific

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

Yes, we have filed an addendum with the assistance of our contractors.

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

We know we have an unskilled adjuster and requested an adjuster change many times. It took him 6 months to get this file completed to instigate the $190K payment

Submitted: 4 months ago.Category: Legal
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Answered in 16 minutes by:
3/8/2018
Lawyer: Lucy, Esq., Attorney replied 4 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi Bill,

I'm Lucy, and I'd be happy to answer your questions today.

Typically, the insurance company requires insured to sign something in order to get a check, and that document says that you're accepting the check as full and final payment of all claims. Signing something like that would make it impossible to seek any more money from them. Sometimes this is a separate letter you have to sign to get the check, sometimes it's text on the check itself, and sometimes it's in a letter they send you with the check. You want to read everything they send you very, very carefully to make sure you don't inadvertently waive your rights.

If they don't make you sign anything, or send any paperwork indicating that cashing the check means you've waived your rights, you can deposit the check. One way to protect yourself may be to write "without prejudice" above your signature - but that won't override a contract you sign.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Lawyer: Lucy, Esq., Attorney replied 4 months ago

Do you have any questions about this?

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Customer reply replied 4 months ago
Lucy,
I did read your answer and quite frankly, I didn't think much of it. If there would have been any paperwork attached or any type of language written on the check, I could have made a determination as to what cashing it meant. However, this check had no attached instruction or any written language so my question was about any implied rules that were in the works that I was unaware of existing. After your response of what if's and possibly, I simply called the insurance company and had them send me a statement via e-mail that explained their intent. I received nothing from your service and will not try this again. Thanks,
Bill
Lawyer: Lucy, Esq., Attorney replied 4 months ago

I apologize for not knowing what steps you would have chosen to take on your own. The intent of this service is that it's a conversation, but I did state that if they didn't make you sign anything, you're not bound by the payment you received. I'm sorry if you missed it, and had you replied sooner, I'd have been happy to clarify.

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