Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Insurance
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago, 08/17/2022

User Stats

235
Posts
67
Votes
Jerry Poon
  • Real Estate Investor
  • Los Angeles, CA
67
Votes |
235
Posts

How to fight insurance claim denial?

Jerry Poon
  • Real Estate Investor
  • Los Angeles, CA
Posted

A storm a month ago or so knocked half a tree down. The tree fell right next to a rental and the force took down an entire wall. The damage is about $15k.

I contacted our insurance and they are denying our claim, citing the following:
collapse, including any of the following conditions of property or any part of the property: (1) An abrupt falling down or caving in; (2) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (3)Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to (1) or (2) above

Their reasoning is that the tree didn't fall directly on the wall itself, and claim that the basement was faulty prior to the incident. We do not have pictures because the demo contractor was removing the tree at the dead of night in the storm.

How do I fight this? It is enraging that in a time of need the insurance company will do what they can do wiggle out of this. Why do I even pay them for the policy?

An attorney I am working with wants to write a letter to try and convince the insurance company on the basis of Efficient Proximate Cause. The attorney's fees for this are about $1k. I had my insurance agent reach out to the adjuster and he seems pretty dug in on his position. Is this letter worth the money to try and argue my case? I am worried that the insurance will just drag this out, demanding more $1k letters, possibly engineering studies, etc.

Any suggestions on what I should do?

Loading replies...