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EDUCATOR. We recently had our floor damaged by a leaking…

This question is for LAW...
This question is for LAW EDUCATOR.
We recently had our floor damaged by a leaking toilet. It was damaged 5+ years ago by the washing machine in a different room. It is a continuous floor so Insurance paid for the whole floor 5+ years ago. We replaced the washing area with tile so we wouldn’t have that problem again but didn’t replace the rest of the floor because it looked fine. We wanted to speak with an adjuster about the new claim because we didn’t know if we should file or not. They made us file the claim then we finally got to talk to the adjusters supervisor. We told him we didn’t repair the entire floor 5+years ago and was trying to find out if we should file the new claim or not. The adjuster was very kind and thanked us for being truthful and suggested they come out and mentioned we should check the other side of the wall in back of the toilet to be sure water didn’t go through. I checked and there was no damage so we cancelled the claim. The adjuster was already on his way and came anyway and took a picture and closed the claim. We received a letter stating the claim is closed but if we decide to reopen let them know. Now to my question. The adjusters supervisor mentioned on the phone that he has documents in the file of the first claim that show the floor was completely replaced. I’m not sure what he has. Our memory is not that great. I recall needing something from the tile people I think. I’m wondering if it was to get the deductible but I’m really not sure. Can u tell us if we need to be concerned. We’re wandering if we may have gotten paid the deductible but as I said we are not sure. And we don’t know if we did anything wrong. Can u give us your thoughts on our situation please. We are in Texas.
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Answered in 4 hours by:
11/7/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,299
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You did not do anything wrong, once you were paid for the whole floor it was your choice as to whether or not to replace the whole floor or the damaged part only. The issue is that if you did not replace the other part of the floor and you were already paid for it, the insurer is not obligated to pay you for the same floor they already paid for but you chose not to replace.

IF you can show the floor WAS completely replaced and this is new damage, then you need to appeal the claim and attach proof that part of the floor was replaced and this is new damage and they would be liable to pay for the damage.

You did nothing wrong and the insurance company is right if the part of the floor you are now claiming was paid for and not replaced in the initial claim.

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Customer reply replied 6 months ago
Thank you for your response. So just to clarify, if we got the deductible because the documents showed the floor was completely done (because that’s what I’m afraid happened) you think we are still ok. I wish my memory was better but I’m getting older and so is my memory. But I think I remember something about NOT getting the deductible if it wasn’t completely replaced. Maybe I’m remembering wrong.

Thank you for your reply.

You are still okay, you have the right to use your insurance funds as you saw fit. Even if they paid you for the whole floor, it was up to you as to what to replace, but they do not have to pay a second time for the floor if you chose not to replace it.

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Customer reply replied 6 months ago
Thank you so much for your timely answer. I’ll let my husband know tonight what u have said and if he has any questions and reply tomorrow. If he doesn’t, I’ll be sure to give you an excellent rating tomorrow.

Thank you for your reply.

He can ask away! Have a good day.

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Customer reply replied 6 months ago
Good morning. Below is what my husband wanted to ask.If we received our deductible back from an insurance claim but had not met the requirements for getting the deductible would we be in trouble. We may have sent in a paid invoice but don’t remember for sure and not sure if we received our deductible . It’s been a little over 5 years. If we did wrong will statute of limitations get us out of trouble?

Thank you for your reply.

If you sent in estimate to get whole floor replaced and met your deductible, then changed to only get part of floor replaced, you would not be in trouble. Also, if it is beyond statute of limitations they would not typically pursue as they know it will go nowhere.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,299
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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