Property Damage Attorneys

What Kind of Property Damage Isn’t Covered By Insurance?

Again, you’ll need to take a look at your exact policy to see what specifically is not covered, and it’s a good idea to get in the habit of regularly reviewing your policy with each update or renewal to identify possible coverage gaps and make the appropriate adjustments. The following are some of the most common exclusions:

Flood Damage

If you are in a flood zone, you’ll typically need to pay for separate flood insurance since standard policies typically exclude these types of damages.

Earthquakes and Sinkholes

Unless you have additional endorsements on your policy, earthquakes and sinkholes are often excluded from standard policies.

Neglect and Lack of Maintenance

If your property is damaged due to insufficient upkeep, it’s likely that your claim will be denied since these are avoidable damages.

Mold

Mold is typically excluded from or otherwise limited in standard policies, unless it was caused by an issue that is specifically covered in your policy.

Intentional Acts

You can’t file a claim for damages caused by intentional actions as the policyholder.

How to Prepare for Filing a Property Damage Claim

So, your property has been damaged, and it’s time to file a claim. Where to begin? Follow these steps to cover your bases and begin working toward a fair payout:

Prioritize Safety

Before you start assessing the damage, make sure that the property is safe to enter. If you aren’t certain, it’s best to contact a professional who can assess the situation and decide the immediate next steps.

Document the Damage

Take extensive pictures and videos, and be sure to include timestamps. Make sure that the pictures are clear, and once you’ve taken all of the pictures, go back and create a documented inventory of all damaged items. This is best done in a spreadsheet that includes a column of purchase price, specific features, and any other relevant information.

Prevent Further Damage

Make any temporary repairs — like tarping your roof or patching a broken window — to keep additional damage from happening. Make sure you save your receipts and invoices for any expenses you incur during this process, including the cost of labor.

Review Your Policy

Before you contact your insurer, make sure you are clear on your coverage, deductibles, exclusions, and policy limits. This is best done with the help of an attorney.

Notify Your Insurer

Report the damage promptly, since you likely have a policy requirement for the length of time you have to make a claim once you realize the damage has been incurred. Provide the insurer with all necessary documentation and information to help them establish the claim.

Maintain Communication

Keep a record of all of your communications with the insurer, including names, dates, and the topics of conversation. Follow up regularly to check on the status of your claim and make sure it continues to move along.

Why Your Property Loss or Claim Was Denied

Without going through the details of your situation, we can’t say for certain, but here are some of the most common reasons for denial we see:

Insufficient Documentation

If you don’t provide the insurer with ample evidence of the claims you are submitting, they will likely deny or request additional information.

Policy Exclusions

If the damage is listed under your exclusion clause, they’ll deny it. There may be a chance for appeal in certain instances.

Late Reporting

You have a clear deadline to report the damage, and a failure to do so will result in a denial. Initiate your claim as soon as possible.

Disputes Over Cause

The insurer may argue that the damage you are claiming is the result of wear and tear or neglect, not a covered peril.

Non-Payment of Premiums

A lapsed policy isn’t worth more than the paper it’s printed on, so make sure you are on top of your payments.

How Kanner & Pintaluga Can Help

Working with a property damage attorney is one of the best ways to make sure that your case is taken seriously and handled expeditiously. Here are a few of the major ways we can support you throughout this process:

• Review policy details, exclusions, or denial letters to identify valid paths to a successful appeal.
• Gather additional evidence and outside expert opinions to support your case and argue for a fair settlement.
• Negotiate with insurers on your behalf to get you a fair resolution that adequately compensates you for the damages you incurred.
• Pursuing litigation, if necessary, to protect and defend your rights under your policy.