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  #1  
Old 08-09-2009, 12:12 PM
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Join Date: Mar 2009
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Help - re: Proper legal term to write in the statement of claim


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Please, I am in need of urgent help in my civil litigation, in regards to property insurance coverages.
I am in the process of filing tomorrow the statement of claim against my insurer for several causes. From the start of my claim, my insurer having acted in bad faith, breached of contract in several clauses are quite miniscule claims in comparison to what you are about to read bellow.

I do not have an attorney simply because I cannot afford one. To me it translate as I, myself, without a hint of intimidation will be the only sole representing the plaintiff vs. the defendant which just happen to be one of many giant national insurance firm.

For now I am in search of a legal term or even a small sentence structure that will describe and identify in my writing to the court the following sequence of events:

It really boils down to my insurer, in actual fact, did apply the money of the 'contents' amount of coverages towards paying its contractors' invoices instead of complying with the policy contract, and to pay for the replacement contents that were damaged during an outside explosion which is handled via Class Action against the source of the explosion. That is entirely another matter.

My insurance policy is Renter's / Tenant's type of coverages.
c - within the Property Coverages section, there is [Personal Property (contents)] indicates $25,000 amount of insurance coverages:

-after a nearby explosion, few of my 'contents' were damaged; the cost would have been amounted much less than the limits of my coverages;

-however, due to fabricated asbestos scares that was later learned, if so, the test result indicated it was confined in the master bedroom only, and it was stated as being Type I;

-my insurer, at its own discretion, has exercised its power and collusion in all aspect of this claim. It started by rather than it apply the coverages benefit for the cost of my 'contents' that were damaged, it concluded and became determined entirely on its own to apply (use up the amount of insurance) to pay invoices to its contractors, ie, environmental consultant, scientific lab reports, dry cleaning, structural cleaning (which it is not identified in my policy coverages), etc., to the point of there was no money left to cover the cost of the actual damaged of 'contents' as a result of the explosion. Which according to my estimate, it would have amounted $10,000 or less;

-to make the matter even worse, from every cubic-inch of my three-level home includes the basement , the cleaning contractor gone on a spree and got out of the house all of the (soft-material), and delivered them to the dry-cleaner at the cost of 50 percent of the benefit $12,400; got rid of all the categories of the grocery supplies; got rid of all beddings, carpeting and some furniture. The invoice of the cleaning was indicated as "structural cleaning" at a price of $12,600, which represents the remaining 50 percent of the 'contents' amount of coverages;

-although the cleaning contractor has had to produce to my insurer (its client) a completed list of inventory, listing of the discarded items, however I soon discovered it was nothing but ‘completed.’ To make matters even more complex, it has also exercise the freedom of a massive theft, looting and vandalism during the cleaning progress; it was estimated over $20,000 in stolen and damages. Which is indecently the insurer’s respond was “will not be held responsible for action made by others, including the contractors.” So after I submitted an additional claim, that was instantly denied on the bases that there was no evidence of theft.

From the very start of the claim I (believed) my insurer has fiduciary duty among other mandates which would apply - especially in this very odd circumstance, the explosion. Not to mention its mandate is to apply good faith in restoring my effected surroundings as best as possible within the limits of my insurance policy.

ps. I did not authorized nor sign any document(s) in regards to the cleanup. However meanwhile the lengthy evacuation, I was instructed / asked / told by my insurer that I must open my front door on that particular morning in order for the cleaning crew to gain entry to my home. I was not allowed in for three days while the cleaning was underway.

Thank you for reading.

Should you provide me your feedback, perpaps even assistance in drafting and adding to the statement of claim, I would be equally thankful.
  #2  
Old 08-09-2009, 12:44 PM
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Duplicate Post: http://forum.freeadvice.com/civil-litigation-46/help-re-proper-legal-term-write-statement-claim-478776.html
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  #3  
Old 09-01-2009, 11:04 PM
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Join Date: Sep 2009
Posts: 1
You should look in to getting a public insurance adjuster. My husband does that for a living and he knows all the ways around the insurance companies and lawsuits. I know that if it is set up correctly and a civil remedy notice is filed with the insurance company lawyers fees will be paid by the insurance company. Look into this process in your policy and if I can be of more help please let me know.
  #4  
Old 09-01-2009, 11:36 PM
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Location: Philadelphia, PA
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And, US law only.
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