by mjstahl00 » Fri May 29, 2009 01:01 am
My mother received mail from her home owners insurance company stating that she needs to repair parts of her house and dwellings located on the property along with adding railings to stairs (even if they are only two steps). The mail states that they are required to do these repairs within a month.
Is this legal? Can they do this? How can this be fought?
Is this legal? Can they do this? How can this be fought?
Posted: Fri May 29, 2009 01:03 am Post Subject:
They can't make anyone do anything.... they _can_ refuse to renew the policy if the repairs are not made.
Posted: Fri May 29, 2009 04:27 am Post Subject:
Hi mjstahl00,
How can this be fought?
I guess you can fight against anything at the court of law.
The mail states that they are required to do these repairs within a month.
Did you call them up and inquire about the whole thing?
I'd have asked them regarding the possibilities in case I don't choose to repair. Can they really reject a renewal or increase her rates!
Steven
Posted: Fri May 29, 2009 05:44 am Post Subject:
Mjstahl00, you haven't mentioned whether your mother's property has suffered any kind of loss or anything? Why would it need repair?
Have you claimed against the HO policy?
~Jeremy
Posted: Fri May 29, 2009 08:55 am Post Subject:
Mjstahl00, you haven't mentioned whether your mother's property has suffered any kind of loss or anything? Why would it need repair?
Have you claimed against the HO policy?
Sounds as if your insurance company conducted a loss control survey on your mom's property. It's done all the time as they are exterior surveys that require no contact with the policyholder. They will look for maintenance issues (worn out roof, peeling paint, signs of vandalism, broken gutters) that could contribute to a property claim in the future. They will also look at liability issues such as no railing for stairs, broken asphalt/concrete (trip hazards) really anything that could contribute to a personal injury loss.
As stated, your mom has a choice. She can either make the repairs or start shopping for new insurance. I would have her call to question the railing for just two stairs, but without seeing the stairs it is difficult to say if the railing is needed. Some of these inspectors go a little overboard when doing these. They should also be flexible with the month time frame for some of the items (it really depends what type of other items need repaired).
Posted: Fri May 29, 2009 11:27 am Post Subject:
Is this legal?
Sure is...Can they do this?
sure can...How can this be fought?
You can argue anything...but I'm with Jeremy they did a drive by risk review...or got an underwriting report from someone....if she had a recent loss an adjuster could've 'tipped' off the underwriting dept that there are some safety issues on the property, the agent could've driven by and saw some things he/she was concerned about...or it was a random pull....bet the reason for the 30 day thing has something to do with when her policy renews...in my area a mortgage company won't even loan on a house without railings..yes even on two steps (we had to put one on our son's house or they wouldn't ok the note same thing two steps)...what are the other repairs/issues?She has the right to not make these repairs...her insurance company has the right to non-renew her policy if she doesn't...keep in mind that going with another company most likely won't solve the problem...they too will do an inspection and may require the same, less or even more repairs...All companys have underwriting rules...some are stricter than others...believe it or not, most of these requirements protect mom (and her wallet) as well as the insurance company.
Posted: Mon Jun 01, 2009 03:49 pm Post Subject:
With the steps and the lack of railing, it sounds as if the insurance company is worried about the liability and the possibility of a fall.
You can look around at other insurance companies and get quotes, but it may be that it's cheaper to just do the things they ask. If they're worried about an accident waiting to happen, it may not be a bad idea to at least consider the possibilities. Although your mother is insured, nobody wants to deal with somebody getting hurt on their property!
Posted: Wed Jun 03, 2009 04:10 pm Post Subject: loss recommendations response
Insurance companies are in the business of insuring you against losses, that can arise out of potential risks/hazards. The insurance company , as a private business and according to your insurance contract with them, hold the right to make loss prevention recommendations. [color=Blue]If certain potential hazards aren't addressed, this could leave the door wide open for an unnecessary loss/claim to occur.
It's best to follow their recommendations. They don't make them out of thin air and they are always back up back actuarial data. Furthermore, most, if not all top rated insurance companies will follow the same kind of procedure.
Otherwise, you can try and go to a different company for a policy or try to have the current company make an exception on the recommendaion.
I hope this helped![/color]
Posted: Thu Jun 04, 2009 06:19 am Post Subject:
Okay United I agree that the insurer would continue monitoring that the policy holder isn't neglecting the maintenance issue. But, is it done on a regular basis? How often would they conduct the inspection?
I suppose they have got the skilled people who take up these tasks for the insurer.
Thanks,
Rupert
Posted: Thu Jun 04, 2009 11:07 am Post Subject:
But, is it done on a regular basis? How often would they conduct the inspection
This is different carrier to carrier, when I first started in this biz, (mid eighties) it was pretty common..we had a 'safety' guy that would randomly do drive bys and check on homes...as the economy has plummeted so have those jobs...all carriers look to their adjusters to make them aware of hazards on the property...if I have a claim on a roof with hail, and while there I see a hand railing that is loose, crap all over the yard, chunks of concrete missing from the sidewalk..it's part of my job to send in an unwriting report, or risk alert, so they will send someone out to inspect it, or go from the information I provided..Some agents also are very diligent about property they insure, and do drive bys as well if they see something they too will notify underwriting. The company that I'm insured with ALWAYS comes out to the house when it is first insured, go thru it, measure it take a million pictures etc..to make sure they are insuring what they 'think' they are insuring...not hiding a wood stove etc..but again this a company by company thing..I don't 'think' my house has been checked since I bough this one 12 or so years ago..but hey, who knows I could've been just not aware...I suppose they have got the skilled people who take up these tasks for the insurer.
Yes, they do but it doesn't take an advanced degree to see dangerous things on a property...just an 'eye' for it..Just an fyi, back when I used to work a lot of HO claims...and would send in u/w reports, one of the choices, and unfortunately one that I had to send in a lot was, 'lack of pride in ownership'....that pretty much means a mess.. :roll:
Posted: Thu Jun 04, 2009 01:37 pm Post Subject:
Hi Rupert, each carrier does have different inspection processes. Sometimes inspections are triggered by the age and type of home. While others may be random. When an inspection is actually ordered and completed, they don't usually happen again for a few years.
Add your comment