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thecocoamonkey

Junior Member
What is the name of your state? Florida

Hi there,

I really need some helpful honest legal advice. One of my rental properties a single family home recently had an electrical fire. The fire and water damage is extensive. We are looking at $50,000 minimum. Which is a lot since the house was built in the 1930's and wasn't valued at more than $80,000. Most of the value on the property is in the land. However, I depended on the rental income from this property each month.

Problem - my homeowners policy was cancelled. After 4 years of coverage with citizens insurance my policy was cancelled because of non payment. The non payment is result of a mail or clerical error. 2 Years ago my address was changed to an international address and I paid the mortgage off in full. I notified my agent, but somehow still never received my invoice for payment. I caught the error in 2007 in time to get my coverage reinstated. This year for my 2008 policy the same thing happened and I again called my agent. They said the policy had been cancelled and they would have to reinspect and rewrite the policy. This was in late August of 2007. Very frustrated with the entire situation I decided I would shop the policywith other agents. As I was very concerned about the 2 errors. While shopping the policy the property had an electrical fire in 1/08 just a few months later. Do I have any recourse with the agency or insurance company? Is it worth hiring a lawyer to help me? I feel so cheated and angry. Is there really any chance little me will win against an agency or insurance company. I truly feel the only reason the policy was cancelled was result of a clerical error since I always paid on time. And clearly I called the agency wondering where my invoice was.

Thank you so much for any help or advice you can offer.

JenniferWhat is the name of your state? FLORIDA
 


moburkes

Senior Member
No, you don't. While they should have changed your address, it is your responsibility to get your payment to them when it is due - regardless of whether or not you have a bill in front of you.

Just as it would be with a credit card or any other bill. You are responsible for the bill.
 

justalayman

Senior Member
They said the policy had been cancelled and they would have to reinspect and rewrite the policy. This was in late August of 2007. Very frustrated with the entire situation I decided I would shop the policywith other agents. As I was very concerned about the 2 errors. While shopping the policy the property had an electrical fire in 1/08
In addition to Mo's statement, you state you were aware the policy was no longer in effect and were shopping around for a new carrier. How and why would the old insurance company be liable for anything given your notice of the cancellation of the policy and your failure to procure new insurance somewhere, anywhere, prior to the fire?

The fire was at least 4 months after you were aware of the cancellation. How long of a grace period do you expect? You had near 1/2 a year and you failed to get insurance. This is entirely on you.
 

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