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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39037
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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My home was damaged in a explosion. it took 11 months to

Customer Question

My home was damaged in a explosion. it took 11 months to repair before i could move back into my home. I am finding structure damages but the insurance company states it to late to file additional damages.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.


Has the insurer provided you with a check for your loss?

If yes, then did the check display the terms, "payment in full," "full satisfaction," or similar?

If yes, then how many days has it been since you cashed the check?

Customer: replied 1 year ago.
No verbaige payment in full. Etc2 months.
Expert:  socrateaser replied 1 year ago.

Okay, thanks.

When a check displays the terms, "payment in full," it is legally a "full satisfaction check" under the Uniform Commercial Code (UCC) Section 3-311. Unless you return the entire amount of the check to the insurance company within 90 days of the date that it was cashed, then you cannot recover any additional amount from the insurer.

I don't know in which U.S. Jurisdiction you're located, but every state except for Oregon has enacted the identical UCC section. So, more than likely, what I've just described applies to your circumstances.

In short, it's not too late, if you return the money you've received within 90 days of the date that you cashed the check. Otherwise, it's too late.

Assuming that you do return the money, then you can renegotiate your settlement based upon a new insurance adjustment. You may still have to fight with the insurer, but at least you have the ability to do so. Once 90 days passes, you are "toast!"

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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