Q: Will the insurance company rebuild my home or just use the money to payoff a claim?
An explosion caused me both to lose my house and to be liable to a person for her injuries on my property. I am insured for $100k for the house and another 100k for the liability, but the person I am liable to is suing me for well over $200k. Will my home be rebuilt, or will all the money just be handed over to the person to whom I am liable to? Having a hard time getting definitive answers from my insurance company.
A: You should consult an attorney who handles property damage casualty claims or bad faith claims by insurance companies. More facts need to be elicited. But, in general your insurance company has a duty to act in good faith on your behalf. A lot of times the insurance companies do not look out for their insured's interest first. Even if you do not hire an attorney ask the insurance company to keep you updated with any settlement negotiations with the other individual whom you may have a duty to pay. Good luck.
A: They may pay the money into escrow and then let the court decide who gets the money in the underlying suit or they may pay you directly for the loss, given the fact that the claim against you is disputed and unliquidated. It’s really up to the insurance company.
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