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Trespassing

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Ali Sabet

Junior Member
What is the name of your state? CA
I filed a claim with my insurance for water damage from the rain. it took them over 8 weeks to give me an estimate of the damage.
At the time of the evaluation they checked the roof and told me there are some damage that's not covered by my policy.

Subsequent to their visit (2 weeks later), I discovered further damage, I called them to re-check the house.
They came and inspeced the inside of the house and sent me a letter with the following:
The new damage was caused by me not fixing the roof, and that the brought in a "Professional Roofing inspector" and checked my roof, and denied any further claim.
My question, is bringing a "Professional roofing inspector" a criminal trespassing as I didn't authorize them to go on my roof? can I file criminal charges against my insurance comany & the "professional roofing inspector"?

Please help

Thanks
 


I AM ALWAYS LIABLE

Senior Member
Ali Sabet said:
What is the name of your state? CA
I filed a claim with my insurance for water damage from the rain. it took them over 8 weeks to give me an estimate of the damage.
At the time of the evaluation they checked the roof and told me there are some damage that's not covered by my policy.

Subsequent to their visit (2 weeks later), I discovered further damage, I called them to re-check the house.
They came and inspeced the inside of the house and sent me a letter with the following:
The new damage was caused by me not fixing the roof, and that the brought in a "Professional Roofing inspector" and checked my roof, and denied any further claim.
My question, is bringing a "Professional roofing inspector" a criminal trespassing as I didn't authorize them to go on my roof? can I file criminal charges against my insurance comany & the "professional roofing inspector"?

Please help

Thanks

My response:

You have seriously got to be kidding.

The insurance company is YOUR insurance company, and you have, at the very least, given the insurance company implied, if not contractual, authority to inspect your home for purposes of the claim, and any continuation of that claim, that YOU initiated.

IAAL
 

Ali Sabet

Junior Member
Thank you for your prompt reply.
I agree with you, but me filing a claim, doesn't give the insurance company or any of their agents the right to go into my house when I'm not around, is that correct?

i.e. their inspection of the roof was not authorized by me and I wasn't around when they came.

That would be exactly the same as if they find a way into my house when no one was around and they enter my house. This case would be "breaking and entering", while the roof would be "criminal trespassing".

I may have twisted logic, so help me!!!

Thank you again.
 
Last edited:
S

seniorjudge

Guest
Ali Sabet said:
Thank you for your prompt reply.
I agree with you, but me filing a claim, doesn't give the insurance company or any of their agents the right to go into my house when I'm not around, is that correct?

i.e. their inspection of the roof was not authorized by me and I wasn't around when they came.

That would be exactly the same as if they find a way into my house when no one was around and they enter my house. This case would be "breaking and entering", while the roof would be "criminal trespassing".

I may have twisted logic, so help me!!!

Thank you again.

When you filed a claim with them, you gave them permission to investigate it.
 

claimlaw

Member
What you describe is not unusual. Most insurance adjusters follow the partyline of their employers and don't know any better, some do know better and don't care. Insurers have trained Americans to rollover and beg. Most do exactly what the adjusters say[in first party property claims]. Including the attorneys.

While the insurer may not have your permission to enter, they do have a contractual right to investigate. The specific language is found in "Your Duties Following a Loss" in Section 1. "Conditions". Your obligation is to allow them to "investigate" the loss. That means reasonable access to the loss site. They cannot show up unannounced and expect you to drop everything to show them around. They cannot show up at midnight with their alleged "expert". They cannot dictate the schedule and threaten you with failure to cooperate for not allowing them immediate and unfettered access. They have a duty of good faith and fair dealing which includes acting in a manner consistent with customary, responsible business practices. They cannot enter upon your property with impunity.

While I agree that what occurred is a bad deal. It is a bad deal for reasons other than those you describe.

It is a bad deal because you should have investigated and proven the loss circumstances you claim, beforehand. Sometimes this is difficult to do and must be done concurrently but you cannot rely upon the insurer to do the right thing[looking for a way to get your loss covered]. You must have your "expert" make definitive statements about the loss that have a clear relationship to the policy language.

The next step would have been to make sure that your expert was available to meet with the adjuster onsite and do the inspection together. This is called "establishing a scope of loss and damage". It is critical.

Currently, you are left to do what? Get your own expert to dispute their expert's findings? That "he said - she said" game will go on forever. That is why insurers like to jump in with their contractor, engineer or other "expert" and gather information outside of your storyline. And, that's what it is - a story. As much as lawyers like to talk about the law as some static force, it is always the best story that wins.

The insurer has no obligation to give you an estimate. Had you read the policy you would have found that it is your obligation to prove the amount/scope of the loss. Any inspection by the insurer/agents and subsequent estimates/reports will only be self serving to the insurer and will be used to establish the insurer's position. You allowed 8 weeks to pass to your detriment.

Your next step, should your policy provide it; the "Appraisal Clause" again Section 1. "How We Settle a Loss".

Ask the "criminal" questions of the criminal law forum. However, the impetus amounts to a case of "very very very little, alot too late".

Claimlaw
 

claimlaw

Member
Important Clarification!

I stated in my last post that your next step is "appraisal".

You must first satisfy ALL of the requirments of the policy before you request appraisal.

This includes submitting a "Sworn Statement in Proof of Loss" per the conditions of the policy.

Some policies require that the "proof" be "submitted by you within 60 days of the date of the loss". Others require the proof "submitted within 60 days of OUR request for your proof."

Just a few points for clairification.

Read your policy or have it explained by a competent person.

Claimlaw
 

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