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Failure to pay in a timely manner on a claim

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gaelicprincess

Junior Member
What is the name of your state Tennessee?

We owned a home that we recently lost to foreclosure partly because of our insurance companies failure to pay on two separate claims. In July we filed two claims with our home owners insurance company, the first was that our brand new air conditioner had been stolen along with all the copper wiring. This had been recently installed and cost us around $4,000 to have installed. That did not include the copper wiring. To this date we have received a $900 check which was supposed to cover the cost of the replacement of the unit and the wiring which was minus the $2,000 deductible. Of course that did not cover the replacement or come near the estimate of the new system.

The second claim involved storm damage which all the houses in our area had. Our roof was torn to shreds by hail and had shingles missing, we waited for three months and are still waiting for the money on that claim. After the rain and sun wore the tar paper away form the boards on the roof in August we paid for someone out of our own pockets to replace the shingles that were missing as a temp fix until we were paid on the claim and could have the shingles replaced. We were told we had to have the contractor sign off on paperwork and that any check s written on the claim would be written to us and the contractor jointly, which was very irritating to say the least, but my dad is a commercial contractor so he was trying to help us out on this issue and get things moving.

However, we have never been paid for the claim on the air conditioner, we received one check that was written to us and the company who gave the estimate, in other words we had to pay the company up front or we could not cash the check! What a rip off, what if they didn't finish the work?

We in the mean time sent our payment for August in a week late, the mortgage company refused to take the payment. They foreclosed on our house with the payments sitting in western union, denying the entire time that they ever received the money that was sitting there all along. Now this only happened because we had to pay the contractor to replace the shingles on our roof, otherwise we would never have been late to begin with. Now we have lost our home of 15 years that we only owed 5 years on and had just finished totally remodeling.

I am frustrated that the insurance company refused to write us a check without the air conditioning companies name on it, they sent out independent people from the insurance company to give estimates on both jobs, they just refused to give us a check in a timely manner and when we did get a check it was written to us and the contractor, this forced us to use money out of pocket which in turn cost us our entire home.
 


OHRoadwarrior

Senior Member
Hmmm. Obviously you decided A/C was more important than making your house payment. Why is this the fault of the insurance company. A/C is not a necessity. All you needed to do to protect the roof, was tarp it. The cost might have been $100.
 

gaelicprincess

Junior Member
What?!?!

Are you here to give advice or mock people:confused:? First off we didn't replace the AC, we never cashed the check. Second off AC is a necessity since I have multiple sclerosis and can not be in the heat or I will end up in the hospital. Third I filed both claims at the same time and never got a response until I went personally to the insurance office and even then had to wait several week only in the end to get nothing for the roof.

There was a tarp on the roof, what kind of idiot do you take me for? The tarp was destroyed by a tornado and hail storm that hit our area in July, August brought more torrential rain and wind and the tarp would not stay put.

I am seeking advice here not judgement, we never replaced the air or cashed the check so what you just said was irrelevant to the questions I asked.

I want to know:
1. Is is legal for the insurance company to only write a check to the person making the claim AND the person who gives the estimate to fix said claim even when the insurance company has sent out their own private adjuster and they agree on the total estimate for the claim?
2. What exactly is a timely manner in which an insurance company should pay a claim? Their adjuster came in July and the contractor gave a quote to them on the cost to repair the roof the first week of July
3. We had no choice but to pay to have the roof repaired, the air was never replaced and even if it had been we would be going on the basis that insurance company set up them selves stating that each claim was an individual claim and would be paid out separately. So even if we had actually cashed the $900 check for the $4,900 job and replaced our air before we had the roof fixed what difference would that make? We were doing our due diligence, we had a tarp until we made the fix out of our own pockets. We paid for insurance for a reason, and it did not pay off!
 

ecmst12

Senior Member
The checks could have been made out in one of 2 ways:
To you and the contractor
OR
To you and the leinholder

They can't make the check out just to you. They are required to protect the leinholder's interest as well as yours.
 

joyee

Junior Member
Well i agree to the above post. and this process can be till two or three months. so you don't worry about this. not a big issue
 
What is the name of your state Tennessee?


They foreclosed on our house with the payments sitting in western union,
Your insurance issues and mortgage issues are completely separate issues. One may affect the other but they are not really connected.

Is the foreclosure done as far as the courts are concerned? Judges are very lenient to homeowners & will give them several opportunities to pay.

Payment in western union? Who sends out payments in such a fashion?

You story seems odd. If $$ was in western union you could have gotten it back if not paid out anyway and then sent a check in to the bank.

Have no idea what, if anything, has happened at court...it maybe that you never showed up for any hearings, I don't know.
 

sandyclaus

Senior Member
And the bank won't foreclose this quickly over ONE MISSED OR LATE PAYMENT. (OP states they refused to accept an August payment, then they foreclosed.)

I'm no fool. Even I know that the whole foreclosure process takes many, many months from start to finish, sometimes even a year to 18 months or more.

Sounds to me like OP wants to blame all of this damage and the unpaid insurance claims for them not being able to make their mortgage payments. The truth probably is that they were in pre-foreclosure for a long time and were already going to lose the house. That could ALSO explain the insurance company's hesitance to pay the claims, as the homeowners could have likely cashed in on the claims and left the damages for the bank to deal with after the foreclosure completed.

I could be wrong, but I really don't think so...
 

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