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Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 57709
Experience:  Experienced lawyer
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I've been paying my homeowners policy regularly and in full

Customer Question

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?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: sure, Arizona
JA: Has any paperwork been filed?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Infolawyer replied 1 month ago.

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

Expert:  Infolawyer replied 1 month 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.

Expert:  Infolawyer replied 1 month ago.
Please let me know if the reply is acceptable by responding "yes" or "acceptable" if I can elaborate on anything, just ask me.
Customer: replied 1 month 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
Expert:  Infolawyer replied 1 month 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.

Expert:  Infolawyer replied 1 month ago.

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

Expert:  Infolawyer replied 1 month ago.
Awaiting your reply, thank you!