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We are in the middle of a dispute with home owners

We are in the...

We are in the middle of a dispute with home owners insurance...we hired a public adjuster to be the go between with a water damage claim due to a faulty valve in the plumbing...the leak ruined our floors & some carpeting, the cabinets (we have a concrete slab), some dry wall, base boards, and door framing. We have been without water in our home (except for showers and the occasional toilet flush) for 4 weeks now. We have not heard ANYTHING from the ins company in regards ***** ***** claim...what can we do??

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Yes, our Public Adjuster submitted a claim 14 days ago for $20,000 worht of damages

Lawyer's Assistant: Where is the home located?

But this had dragged on for 4 weeks now Maryland

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

We are a family of 4 with a 4 and 2 year old at home...I need this fixed! I am SO frustrated

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Answered in 10 minutes by:
3/16/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
sure
Customer reply replied 4 months ago
thank you

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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I'm sorry to hear about this situation. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing if it has been weeks and they have not responded to the claim. 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 other can result in a breach of contract. 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. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
Thank you so much...this is very helpful. I will discuss this option with my husband. I figured that they were in breach of contract as our Public Adjuster talked to us about the timeline the Ins Co had to respond. Today their time is up...

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Customer reply replied 4 months ago
5 stars to you!

Thanks so much!

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Customer reply replied 4 months ago
I just want you to know that I just spoke to my husband who had called Liberty Mutual and started to raise hell with them...I told him that when they call him back, to tell them we were seeking legal advice...well low and behold, they are NOW on the ball and sending the teams out to our house to do all the mold testing on the floors, to remove the damaged cabinets/flooring/carpeting/ etc and will put us in temporary housing...so sincerely, ***** ***** bottom of my heart, as a tired and frustrated mama, THANK YOU!!!

That's awesome. I can understand how frustrating that may be. Best of luck to you!

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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