Q: I have a roof claim that was settled through mediation in Jan, it is now May with no release or money, what can I do?
My attorney claims he has been "hounding" the insurance company, the insurance company tells me they have not received payment instructions, my attorney says he sent them. Lots of finger-pointing while my family and I are being financially harmed because we can't get homeowner's insurance until this is closed and the roof repaired. Since we can't get insurance on our own, our mortgage holder has purchased much more expensive insurance themselves that we have to pay for. Is this a bad faith or malpractice situation?
A: What you are going through is not uncommon. I now add to agreements a date certain, where possible. Your attorney can threaten to pull the settlement or make a motion to enforce.
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