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Contractor hired by insurance yet the insurer refuses to take responsibility

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lousk

Junior Member
What is the name of your state (only U.S. law)? NY

I've had a nearby explosion that destroyed very few personal belonging. The insurance company took it upon themselves and hired several contractors on their own. Only one cleaning contractor needed to enter out premises in order to clean up the shattered glass for three days. This took place while we were force by the military to evacuate for five weeks. After we came home, we discovered several hundred items stollen, damaged and disassembled. Some furniture, entire inventory of food, all carpeting, most small appliances, many computer peripherals, some electronic devices, entire clothing, bedding, shoes, soft material and much more.

My specific questions are:
a. should I be the one going after the contractor which I have never hired in the first place, or should it be the responsibly of the insurance company itself to go resolve the issue with their own hired contractor? The situation has worsen since the damage of the explosion claim and the addition of the ‘sub-claim’ their total dollar amount exceeds the coverage of the policy in a single event?

b. should I have initiated a second claim upon discovery of the damage? I do not believe they would have accepted a follow-up claim.

-should they not be liable for their action by hiring thieves, if not, should I not be covered for losses and damages in an event of breaking in theft?
So far they are saying that I am the one who should be running after the contractor, since the policy does not include ‘third-party’ coverage; perhaps to them it is, by to me my only contractor is my insurance.

Thank you should you providing me your feedback.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
1. It seems to me that the theft was a separate event and so a separate claim.

2. How do you know that the contractor(s) are the ones who did it? You were not there for over a month. Anyone could have come in to plunder. Did you contact the police?
 

moburkes

Senior Member
Yes, separate, new claim, which starts the $ amount back at $0.

No, they are not liable for the contractor. Insurance companies can SUGGEST contractors, but you are the homeowner and you get to choose whom you allow to work on your house. No insurance company can vouch for the honesty of a person. You'd be surprised what an upstanding, honest citizen can do when his back is against the wall. Just file your theft claim and move on. Next time remember that you get to decide who enters your home, not the insurance company.
 

lousk

Junior Member
Thank you for all your feedback, suggestion and advice.
“How do I know the looting and damages was by the contractor? ... because...
My living quarter is one of several dozen belonging to the military. It is a compound administered by the military. It is fenced 360 accessible by one drive-through gate and one walkthrough gate.

Minutes after the blast, the entire area was surrounded by fire trucks, EMS vehicles, local law enforcement and military police vehicles. All families were forced to evacuate not just our homes but the entire compound. At the meeting on the following day the officials announced that none of the tenant is allowed to return home till further notice. They also assured us the compound is already and will be patrolled by military police around the clock. “The two gates are blocked and secured by the MPs; they will escort official members only. This will continue until we announce it is safe to return to your home.”

During the evacuation period, the decision was made by our insurance company to commission their own chosen contractor (through bidding) to clean up our home from glass debris. Entry to our home was authorized for supervisor and his crew. In addition we were told that this clean up will take three days to complete, at a cost of $12,000.00 which will be out of our policy’s coverage – {take note,} this is only the ‘labour cost of house cleaning’. That amount is out of $25,000.00 maximum policy coverage. After nearly five weeks, we walked inside our home for the first time since the evacuation only to find not a single food or drink item, not a single bedding item, not a single clothing item including footwear, towel, area rug, and so on. As for furniture only one sofa-bed was gone. Countless computer and electronic products out of its packaging some damaged some missing. And more...

No, I did not notify the authority yet. Since there was a lot of evidence it was the cleaning crew that did the damage, I notified my insurance company at once. They assured me that they will conduct their own investigation into this matter. It wasn’t till months later when they finally told me they are not in the position to take responsibility for what and what not the contractor did and not do.

Nine-month later, now they tell me to file a report with the police.
They also added by telling me they will not take responsibility for the stolen and damage items which I claim to have been executed by the contracting company during the three-day cleaning. My insurance policy covers damage, theft of belonging. So theft by one or theft by another it's still theft, is it not? Is it not beneficial to know the assailant or is better not? Does the insurance cover one kind and not the other? I am puzzled.
 

lousk

Junior Member
We were required to have full insurance coverage as most home owners. But since we do not own the structure (the house), as far as replacement coverage, is only limited to Personal Belonging and that is set in our policy at $25,000.00 maximum.
 

moburkes

Senior Member
We were required to have full insurance coverage as most home owners. But since we do not own the structure (the house), as far as replacement coverage, is only limited to Personal Belonging and that is set in our policy at $25,000.00 maximum.
I don't know what full insurance coverage is, and I'm an insurance agent. It sounds like you're trying to say that you have renter's insurance.

What did the contractor clean up, that it cost $12,000 and it was a claim against your renter's policy? It sounds as if the owner of the building would have been responsible for clean up, especially when you're talking about damage to the windows.

What did the military say when you told them that all of your belongings were missing?
 

lousk

Junior Member
I don't know what full insurance coverage is, and I'm an insurance agent. It sounds like you're trying to say that you have renter's insurance.

What did the contractor clean up, that it cost $12,000 and it was a claim against your renter's policy? It sounds as if the owner of the building would have been responsible for clean up, especially when you're talking about damage to the windows.

What did the military say when you told them that all of your belongings were missing?
Yes, exactly. I do not own the house.

The insurance has claimed that there were traces of asbestos inside one of the bedroom. So we were told by the insurer, during our evacuation the cleaning crew is going to come in our home for three consecutive days to clean up whatever is necessary so that we are able to return safely to our home.

Each of the family was asked by the military to contact its own individual insurance company and submit the claim. It is in regards to (belonging items only.) The claim is not at all for the structural damage, repair and the replacement of broken windows, door, glass, roofs and the like. The damage of the physical home is fully covered by the military’ insurance coverage and has nothing to do with our insurance claim.

As far as what the cleaning company did in the three days as part of the cleaning, they drag out whatever they felt like to drag out. Cleaned out (removed / take away) our entire foods, drinks, hygiene supplies, all hygiene and house cleaning products, area rugs, small appliances, dozens of new computer components and electronic devices were taken out of their packaging took away the boxes including the accessories, many missing all together. Sofa-bed and mattress and bed coverings walked out. All clothing, footwear, purses, luggage, backpacks, additional beddings, underwear, socks and so on were delivered to yet a dry cleaning company at a cost of $13,000.00 once again, against our poor little $25K coverage. So if my math is correct, there is no money left to even replace a pack of chewing gum.

The military have been listening to our grieves without any comments. They told us on several occasions that they will intervene, but so far they did not.

It’s been seven-month since the event. I am repeatedly reminded by my insurance that I have one year only to conclude my claim. I don’t even know exactly what they mean by “one year”. My initial claim has been submitted on time. The insurance continuously searches for ways to extend the delay so that the year is over without reaching a resolution. If that is so; on the one year anniversary it'll be all over, claim settled or not?
 

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