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We filed a claim on our flood insurance for a air

Customer Question
We filed a claim...

We filed a claim on our flood insurance for a air conditioning unit that was submerged in water from Hurricane Harvey. We have been denied as they are saying it is an electrical problem and not covered. However we have submitted multiple documents from several companies that a.) the electrical is fine and b) the air conditioning unit is damaged beyond repair and needs to be replaced. Since it is the air conditioner that is the problem this IS covered under our flood insurance. However they keep denying it saying it's electrical which it is not.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas Brazoria County

Lawyer's Assistant: Has anything been filed or reported?

Yes we have filed a claim and submitted many documents showing the air conditioner was damaged but they still keep denying it.

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

Not at the moment

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/11/2017
Real Estate Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. What are you asking exactly, i.e. are you asking what you can do now, how to file suit, etc?

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Customer reply replied 8 months ago
What recourse do we have? We have submitted information that it is the air conditioner not the electric yet they keep denying the claim saying it is an electrical problem. Should we file suit? Is that the next step? Or should we apply to FEMA?
Customer reply replied 8 months ago
I can do this t yping just fine
Real Estate Lawyer: Ely, Counselor at Law replied 8 months ago

What recourse do we have?

Two resources. First is to file a complaint with the TX Dept. of Insurance (see here). This is an administrative step, and the agency will investigate but normally will not order the insurance company to cover the damage - this can simply have them reprimanded at best.

The second step is to file suit (or threaten to do so) against the insurance company for breach of contract and negligence, because they are not covering what they are contractually obligated to cover. Making such a threat may help to have them reconsider their non-coverage decision.

FEMA is not going to help you resolve private insurance issues, I am afraid.

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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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