What is the name of your state (only U.S. law)? South Dakota
During a recent heavy rain storm, a 10+ year old, 8' tall retaining wall at my cabin was washed out. I called my insurance company and their adjuster said that the damage was caused "as a result of rushing water/heavy rains and rain water falling from the neighboring property's garage downspout directly into the top tier of your retaining wall.", which is excluded from my policy. In an email to me they advised me to contact my neighbor and ask my neighbor to file a claim with their insurance company, which they did. The email also stated that each insurance company is different, but if they were the insurance company they would determine whether it was a long term problem (which would not be covered) or something that was "sudden and accidental" (which would be covered).
It turns out that my neighbor has the same insurance company as I did. The insurance company then sent out a different adjuster, and this adjuster's opinion is that there is no proof that the neighbor's down spout caused the problem, even though I gave them pictures that the previous adjuster took of the neighbors down spout to prove his position as stated above.
What should my next step be?What is the name of your state (only U.S. law)?
During a recent heavy rain storm, a 10+ year old, 8' tall retaining wall at my cabin was washed out. I called my insurance company and their adjuster said that the damage was caused "as a result of rushing water/heavy rains and rain water falling from the neighboring property's garage downspout directly into the top tier of your retaining wall.", which is excluded from my policy. In an email to me they advised me to contact my neighbor and ask my neighbor to file a claim with their insurance company, which they did. The email also stated that each insurance company is different, but if they were the insurance company they would determine whether it was a long term problem (which would not be covered) or something that was "sudden and accidental" (which would be covered).
It turns out that my neighbor has the same insurance company as I did. The insurance company then sent out a different adjuster, and this adjuster's opinion is that there is no proof that the neighbor's down spout caused the problem, even though I gave them pictures that the previous adjuster took of the neighbors down spout to prove his position as stated above.
What should my next step be?What is the name of your state (only U.S. law)?