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Three seperate Events

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#1
What is the name of your state? California

Homeowners insurance also covers my landlord insurance. I have a $5000 deductable.

Here's the situation:Tenant finally vacated. I was finally able to assess damage. Got estimates and ot came to $50,000 +/- (rodents, trash, missing cabinets, all windows broken, doors broken, garage door broken, toilet, etc.). Called insurance. Adjuster did inspection and said that they decided the claim was three seperate events, and therefore the deductable would apply for each event. The adjusters estimate came in below the deductable for each event, so he said it would be pointless to file a claim.

Is this legal? Could someone give me some useful info (laws, etc.) to reference when I talk to the insurance company?
 


#2
It largely comes down to how the damage occurred and what the terms of the policy are. If it can be shown that different parts of the damage to the home occurred in different events and the policy says the deductible applies to each event then the deductible of $5,000 may well apply to each one of those events.

But you said the adjuster's estimate of the damage for each one came in under $5,000. That means the adjuster says the total damages are somethng less than $15,000. Your estimates for repairs are $50,000. Why the big difference?
 

Just Blue

Senior Member
#3
What is the name of your state? California

Homeowners insurance also covers my landlord insurance. I have a $5000 deductable.

Here's the situation:Tenant finally vacated. I was finally able to assess damage. Got estimates and ot came to $50,000 +/- (rodents, trash, missing cabinets, all windows broken, doors broken, garage door broken, toilet, etc.). Called insurance. Adjuster did inspection and said that they decided the claim was three seperate events, and therefore the deductable would apply for each event. The adjusters estimate came in below the deductable for each event, so he said it would be pointless to file a claim.

Is this legal? Could someone give me some useful info (laws, etc.) to reference when I talk to the insurance company?
What does your question(s) have to do with Disability/ Long Term Care?
 
#4
It largely comes down to how the damage occurred and what the terms of the policy are. If it can be shown that different parts of the damage to the home occurred in different events and the policy says the deductible applies to each event then the deductible of $5,000 may well apply to each one of those events.

But you said the adjuster's estimate of the damage for each one came in under $5,000. That means the adjuster says the total damages are somethng less than $15,000. Your estimates for repairs are $50,000. Why the big difference?
They are different because of rats...yes, rats. The insurance company doesn't cover rodents and by the time I got the tenant out, there were so many rats that you couldn't walk in the house without stepping on rat poop. I was quoted $20,000 to remove rats, patch jokes, replace insulation, etc. Also, I was including the $6000 back rent in there, but I dont expect insurance co to cover that.
 
#5
Is this legal? Could someone give me some useful info (laws, etc.) to reference when I talk to the insurance company?
Yes, it's legal and "laws, etc" won't change the fact that there are multiple claims with each claim carrying it's own deductible. I've handled hundreds of tenant damage claims that way.

For example:

1 - Missing cabinets is theft. A separate claim with its own deductible.
2 - Broken windows, doors, toilet could be a single act of vandalism as the tenant vacated. All of that can be included in one claim with one deductible, depending on the nature of the damage.
3 - Broken garage door. Depends on the nature of the damage. Broken garage doors are often caused by vehicles hitting the doors which would be a separate claim for vehicle damage with its own deductible. On the other hand if the break was due to a malfunction it wouldn't be covered at all.

That you have a $5000 deductible is unfortunate but that, of course, was your choice.

If you want to provide the adjuster's evaluation of each claim I could make additional comments.
 
#6
Yes, it's legal and "laws, etc" won't change the fact that there are multiple claims with each claim carrying it's own deductible. I've handled hundreds of tenant damage claims that way.

For example:

1 - Missing cabinets is theft. A separate claim with its own deductible.
2 - Broken windows, doors, toilet could be a single act of vandalism as the tenant vacated. All of that can be included in one claim with one deductible, depending on the nature of the damage.
3 - Broken garage door. Depends on the nature of the damage. Broken garage doors are often caused by vehicles hitting the doors which would be a separate claim for vehicle damage with its own deductible. On the other hand if the break was due to a malfunction it wouldn't be covered at all.

That you have a $5000 deductible is unfortunate but that, of course, was your choice.

If you want to provide the adjuster's evaluation of each claim I could make additional comments.

The damage was caused by her ex husband trying to get into the house since she started banging some other dude. We know this because she said that was the case. There are holes punched through the garage door from the inside. It's been almost 4 months now and the insurance company hasn't sent me an official determination letter. They've seen the place twice, and I've sent then a ton of photos. However, they never sent an official letter regarding the claim. They told me what they decided over the phone. No letter. They did send me a cancellation letter, however, since the damage to the house caused it to get condemned, they cancelled my policy (amazingly still managed to automatically deduct the renewal payment from my back account, after the cancellation date). But no determination as to the claim.
 
#7
The damage was caused by her ex husband trying to get into the house
He broke the toilet while trying to break in?

There are holes punched through the garage door from the inside.
From the inside? While he was trying to break in from the outside?

they never sent an official letter regarding the claim. They told me what they decided over the phone. No letter.
So ask for one. You referred to the adjuster's estimate. Did you get a copy? At least ask for that, too. Do it in writing. If you don't get a written response, file a complaint with the state insurance department. You'll get your letter.

still managed to automatically deduct the renewal payment from my back account,
Well, that's what you get when you authorize automatic withdrawals from your bank account. People don't realize how dangerous that is until something like that happens.
 
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