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2007 FIRESTORM VICTIMS

 
San Francisco, CA October 26 / InsuranceConsumers.com/PRNewswire - At this difficult time the last thing firestorm victims should have to be thinking about is how to protect themselves in the days ahead, from their own insurance companies.
 
Unfortunately, as the Oakland Firestorm, Northridge Earthquake and Katrina Hurricane claimants learned the hard way, that is exactly what they ought to be thinking about.  
Insurance companies, despite all their reassuring slogans and sweet claims adjusters, have developed countless ways to underpay, deny, and delay valid claims. And if you have a substantial claim you had better be prepared to deal with their tactics.    
 
Do this NOT by calling your insurance company - that's like a hen asking the wolf what's for lunch. Instead, go to YOUR claims information source. The people who are on the side of the consumer. www.InsuranceConsumers.com. Go to the Homeowners Insurance Section, and read it. TWICE. The people who wrote the content for InsuranceConsumers.com are THE leading National experts on getting insurance companies to do what they promised to do when you were sold the policy.  ALSO, READ THE CONTENT ON www.insulttoinjury.org. Get your information from these sites, BEFORE you talk to your insurance company.

Then read and copy the following tips and commit them to your memory.

 
 

 10 KEY TIPS

1. Never accept your insurance company's word for what is, and isn't, covered under your policy, or in what amounts. Sometimes insurers are less than honest about such matters.

2. Hire your own contractors, appraisers or other experts. Have them provide BIDS NOT ESTIMATES.  Estimates are worthless. They are mere opinions about what someone hired to do the work MIGHT charge. A not-to-exceed bid, on the other hand, is a commitment to do the work for the price stated. So never accept a payment based on an insurance company's "estimate" of your financial loss.  Get your OWN rebuilding or repair bids.

3. If it turns out that the dollar amount your dwelling or personal property insurance is inadequate to cover your loss, your limits may not be enforceable by your insurance company. If the reason the limits are too low is because your insurance company sold you insufficient coverage in order to keep its premium competitive, then the company may be responsible for paying the full amount of the loss regardless of the stated limits on your policy. Following the Oakland Firestorm of 1991, California Insurance Commissioner John Garamendi levied millions of dollars in fines against Allstate and other major insurance companies because they had intentionally under-insured policyholders in order to reduce rates to increase sales. This is still going on.

4. Pay special attention to "code upgrade," "replacement guarantee," and "ALE" (Additional Living Expense) provisions in your policy. These coverages can make the difference between economic survival and bankruptcy.

5. Be very careful about submitting any insurance dispute to binding arbitration. Doing so forces you to waive or give up your legal rights, and many arbitrators -- reluctant to bite the "good hands" that are feeding them -- are strongly biased against claimants.
 
6. Don't assume that just because he/she has a nice smile and is wearing a "Good Neighbor" button on a starched T-shirt, that your insurance adjustor is your friend. He is not. He works for the insurer, gets paid by the insurer, receives his bonuses from the insurer, gets his promotions from the insurer and will do whatever the insurer tells him to do. 
 
7. Be aware that if an insurance company handles your claim in bad faith (unfairly), forcing you to sue to get what you are owed, the company can be held responsible for paying your attorney fees, costs and resulting losses. This gives you leverage when you are simply trying to get the insurance company to pay your claim fairly. Most courts and judges recognize that you shouldn't have to sue your insurer to force them to be fair and pay what they owe.
 
8. Don't say anything to any representative of your insurance company without knowing your rights first. Confucius was right: "It is better to remain silent and have your adversary think you are dumb, than to open your mouth and remove all doubt."
 
9. Understand that you can use the confusing gobbledegook, legalese and loopholes in your policy to YOUR advantage. The rule is that any ambiguity in an insurance policy has to be interpreted in favor of YOU, the policyholder. In addition, any exclusion has to be in clear language. Last, policies must be interpreted in a way that satisfies the "reasonable expectations” of the insured. These so-called  "rules of construction" are very important.
  
10. Do not sign a "full and final release" until you are comfortably sitting on your couch in your rebuilt home watching "60 Minutes". And look out for releases that are Sprinted on the backsides of checks that you have to endorse in order to get the money. Believe it or not, that's the way many carriers try to get off the hook for further payments. Courts usually won't enforce such releases but most insureds don't know that and are hoodwinked by the tactic.

 

Click here to visit InsuranceConsumers.com for Additional Assistance.

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