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I've been paying my homeowners policy regularly and in full…

Customer Question
I've been paying my...

I've been paying my homeowners policy regularly and in full from my lenders escrow account for 5 years. 18 months ago I moved out to a larger house and rented property but never knew to get a landlords policy for the property and the house burned with significant damage. The insurance company has denied the claim because I did not reside at the property. Do I have any recourse legally?

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

Sure, Arizona

Lawyer's Assistant: Has any paperwork been filed?

Yes

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

I don't think so

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/13/2017
Real Estate Lawyer: Infolawyer, Lawyer replied 11 months ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,663
Experience: Experienced lawyer
Verified

Hello and welcome. I am working on your answer and will be right back!

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Real Estate Lawyer: Infolawyer, Lawyer replied 11 months ago

You may contest the claim on basis that insurer/broker failed to advise you of the need for such insurance, or to the extent you may have resided on and off on the property, or to the extent your current policy still covers the claim and insurer has failed to identify an exclusion specifically on point. Often such change in status defenses are settled for partial coverage but may require lawyer led negotiations and threat of litigation.

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Real Estate Lawyer: Infolawyer, Lawyer replied 11 months ago
Please let me know if the reply is acceptable by responding "yes" or "acceptable" if I can elaborate on anything, just ask me.
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Customer reply replied 11 months ago
They're denying they claim due to the fact that I did not live at the premises of the a property when the loss occurred and it States at in the policy do I still have a case going
Real Estate Lawyer: Infolawyer, Lawyer replied 11 months ago

It is obviously not an easy argument, but no downside in pursuing it by negotiation especially based on years of filing premiums and potential claim of not being advised that a different policy was required and a breach of fiduciary duty obligation to do so.

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Real Estate Lawyer: Infolawyer, Lawyer replied 11 months ago

Good luck. Kindly let me know if the reply is fast and acceptable.

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Real Estate Lawyer: Infolawyer, Lawyer replied 11 months ago
Awaiting your reply, thank 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.

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