Get Free Answers From Experienced Lawyers!
Q: Is it legal for my home insurance to ask for phone records for a water leak claim?
I have been dealing with my home insurance regarding a slab leak that occurred in May. The insurance company has asked for various pieces of information, and they're now requesting my phone records. I reported the claim initially through email and have been working with KPC Water Restoration, who were supposed to provide some information to the insurance company. It feels like the insurance company is trying to find reasons to decline my claim. Is it legal for them to ask for my phone records, and what should I do next?
A:
It is not illegal. Without knowing specifics, it sounds like the insurer may suspect that your water leak was not "sudden and accidental" (covered), but was ongoing (not sudden or accidental and not covered).
Your insurance contract includes a duty to cooperate with the insurer in its investigation and handling of the claim. That does not necessarily means giving it phone records of all of your personal communications. I would think that the insurer would be entitled to see all records of all communications pertaining to the water leak. That would include all phone calls with KPC Water Restoration or any other contractor or plumber you contacted, whether you retained them or not. The problem is that the insurer will have no idea whether you have provided records of all of those calls unless it sees records of every call. That is something that you and the insurer will have to work out.
A:
It can feel intrusive when an insurance company asks for something like phone records, especially for a water damage claim. In most cases, insurers are allowed to request information they believe is relevant to investigating the claim, but that does not mean you are required to provide everything they ask for. Phone records are not typically necessary for verifying a slab leak, so it’s reasonable to question why they are requesting them.
Sometimes insurers ask for extra documents to check timelines or communications, but this can also be a tactic to delay or discourage your claim. If you reported your claim through email and worked with a restoration company, those records should already provide the information they need. Before sharing sensitive personal data like phone logs, you have the right to ask the insurer to explain in writing why the records are necessary and how they directly relate to your claim.
If you’re uncomfortable, you can decline and instead provide the documents that are relevant, like repair invoices, plumber’s reports, and your email communications. If the insurer pushes back or suggests that refusing may affect your claim, that’s when it may help to get guidance on your rights under your policy and state law. By keeping everything in writing and asking them to justify their requests, you protect yourself from overreach while still cooperating with the claims process.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.