Detroit, MI asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan

Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

2 Lawyer Answers
Scott G. Wolfe Jr.
Scott G. Wolfe Jr.
Answered

A: If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.

First, you are dealing with a property insurance claim if this is related to damages on the house. The coverage for this is usually a homeowners or property insurance policy, and not a renters policy (which usually only provides coverage for contents). So, you want to make sure you have the right coverage. If you are renting, the landlord should have the property insured, but unfortunately, that is the landlord's policy and you won't really have many rights associated with it.

Second, if a claim does exist for coverage under YOUR policy, then you will want to get smart about the insurance laws in Michigan. Each state has rules about how fast the insurance company must reply to you, and how fast they must process the claim. You need to make your claim; then submit your proof (a Proof of Loss, for example), and then hold their feet to the fire to approve your claim and pay it. If they don't, you'll have a cause of action/lawsuit against the insurance company, and if you do everything right, potentially, you'll be entitled to damages and penalties.

Good luck!

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A claim involving the destruction of a house should receive prompt attention, in terms of investigation, damages assessment, alternative living arrangements, and other elements. You could reach out to attorneys who handle property damage losses involving insurance. Gather and organize your file documents (photographs you may have taken, damage surveys, inspections, delay letters from carrier, denials from carrier, requests for additional information from carrier, a copy of your insurance policy, and other relevant materials). Those documents would be useful to an experienced attorney who should be able to outline your rights, options, and next steps you should take. I'm sorry for your ordeal in what appears to be an agonizing situation. I hope you are able to get things back on track at the soonest in terms of housing. Good luck

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