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lmcclaren

Junior Member
What is the name of your state? Nebraska :confused: A furnace sevice man repaired my malfunctioning furnace. A few hours later my furnace caught on fire. Subsequent smoke damage and cleanup have resulted into a costly expense. The furnace company admitted liability. I have been in contact with the furnace companies insurance company and have found out (surprise) that they are depreciating things that were destroyed within the cleanup and repair from the fire. This stress is getting to my wife and myself. This insurance company at first informed me that they would cover everything, but, now I am finding they mean after depreciation. The very fact that there was a fire is the fault of technician should absolve me of any costs as I see it. The fire was started by his negligence. If I had not woke up and noticed my house was full of smoke I might not be here to post this. If I am forced to litigation can I seek actual damages as well as emotional distress? This fire was not a pleasent experience and the aftermath is even more unpleasent. Insurance company's representatives should be up front from the start.
 


claimlaw

Member
3rd party liability claim & ACV

As caselaw varies state to state, most 3rd party property claims are settled on the basis of Actual Cash Value. Some will use market value less depreciation, others, replacement cost less depreciation. In any case, the liklihood is that your position is a loser - no need to consider litigation. While I agree with your sentiment[I am a Public Adjuster], the liability company owes you no more.

The easiest way to deal with this is to submit this claim to your primary carrier, get your replacement cost benefits under your HO coverages and let your insurer pursue the contractor's liability carrier through subrogation.

The only liability to you is that it will eventually show up as a claim on your CLUE report. Thus, next time you make application for insurance, you should include a detailed explanation of these loss circumstances for the underwriters to consider.

FYI: Depreciation is a very subjective matter. There may be more room than you think.

Good luck.

Claimlaw
 

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