When starting my law practice in 2008, I was introduced to both individual and corporate clients that were having trouble getting their insurance companies to pay property damage claims. Whether it was a fire to a family’s home, theft of copper wiring in a commercial building, or a restaurant’s parking lot collapse, insurance companies such as Allstate, State Farm, Travelers, and Auto Owners were either attempting to not pay claims or to pay claims on the cheap. And helping them do this were well-trained and experienced adjusters, investigators, and lawyers.

Now, I am of the firm belief that if you submit a false or fraudulent claim, the insurance company has the right to deny your claim. In insurance company and legal lingo, the operative words are “material misrepresentation.” If you materially misrepresent your claim, the insurance company has the right to deny it. However, I am also of the firm belief that if you do not materially misrepresent your claim, and there is otherwise coverage under your policy, the claim should be paid and the amount paid should be commensurate with the damage suffered.

In future posts I will go into specific issues that arise with property insurance claims, such as residency, coverages, arson, flood, and what constitutes material misrepresentation. In the meantime, if you are having, or know of anyone having, an issue in getting a property insurance claim covered, tell them not to give up and that an experienced lawyer may be able to help.

For more information on this topic or other related topics, feel free to call me at (404) 228-2629 or e-mail me at mike.weinstein@mbwlaw.net.

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