by wbwill » Sun Sep 02, 2012 09:38 pm
Missouri Home owners non renewal, OCT 1, 2012 fire was coffee maker cord both city and special investigator agreed house is not even done, first builder supplied by insurance company screwed up the interior kilz type paint it is still not dry don't know what to to do, about it, sent sample of paint to forensic criminology lab cost was $1000 simply put they used an acrylic product which is no good for smoke protection, but past that they know there is no volatiles but have no idea what they did to make not dry it is still tacky, and sprayed into switch boxes and outlets, so even with no volatiles paint is still flammable like sticking a waded piece of paper in the switch box, they seem more concerned with the wrong product than any fire hazard, their statement was if it had not been for this paint you would not be in this situation, not the non renewal the problem of the house not done, and no insurance with a mortgage to boot, hope someone is a lawyer or agent who can guide me, thank you
Posted: Mon Sep 03, 2012 02:38 am Post Subject:
You have what appears to be a legitimate complaint against the insurance company for their contractor's failure to return the property to you in habitable condition. You probably have not been INDEMNIFIED according to the terms of your homeowner's insurance contract.
The first thing you need to do is obtain new insurance. Being non-renewed is a "negative" and could cause your premiums to increase. But that's better than not having any coverage or, worse, being saddled with a crappy minimal coverage policy from your lender. The increased premiums will become part of your "damages" when you sue the original insurer.
You also need to file a complaint with the Missouri Dept of Insurance -- http://insurance.mo.gov/consumers/complaints/index.php -- and see if that doesn't get some action for you. If it does not solve your dilemma, then you can seek legal representation and sue the insurance company for its Bad Faith by failing to indemnify you according to the terms of your contract (bad faith is a "breach of contract" cause of action).
When it comes to suing an insurance company, you'll want to find an attorney who has significant experience doing exactly that. Insurance bad faith is not a simple subject, and it's not something a new attorney is probably capable of handling. Choose your "weapon" carefully. Ask how many cases he/she has successfully adjudicated at trial. Some attorneys have limited success obtaining settlements, but no trial experience. You want your attorney to have both.
Posted: Mon Sep 03, 2012 04:42 am Post Subject: Thank you all
I stumbled on this site today, I am so mentally preoccupied with this horrific news, it is a wonder I lucked into it. First of all my login was granted within minutes, and then a few more and my question was posted, it gives me hope. My problem right now is NO ONE will even begin to consider insuring me, I have tried many independent agents and on line applications [I am told to try to bundle my applications to reduce the amount of credit checks] My house is not even done, since January, because Behr the paint company said do not proceed until you have the tacky paint inspected and figured out for possible fire and lack of ability to stop the possible smoke smell, but they give me no indication of if it doesn't smell now, will it later? I do have what seems like a damning report where the actual overview states the primer used is not the correct product it is acrylic and not to be used on smoke remediation by the manufacturer, and to follow up it was stated if this primer had not been applied you would likely not be in this situation, but I cannot possibly start litigation and start that process, with any hope of it being settled for possibly years, and even worse, even with their PSP provider, they state they have no issue with the contractor it is my problem to settle any issues, they have disclaimers for everything,. Thank you for your time and consideration, I will follow your instructions and forward you thoughts to an attorney if I can find one, my corporate attorney as you described has said this is not his area of expertise, so the hunt is on, I can almost bet I end up with the mortgage company insuring their interest and nothing else, EVERY insurance company has flat out denied to consider insuring me, to make it worse we had a theft 4. 6 years ago, and a hail storm which required a new roof 3.3 years ago, nothing we did, but it don't matter in Missouri, but your note is encouraging and I will follow it exactly, Thank you all, what a wonderful reception and within hours a reply Thank you all so much, at 58 years of age I have never been this scared for my home and family as I am right now,
Posted: Mon Sep 03, 2012 01:34 pm Post Subject:
What part of Missouri are you in? We may be able to help you find counsel. (Alternative Dispute Resolution -- arbitration -- may also be a possibility.)
As for insurance, there is always the FAIR plan -- "Fair Access to Fire Insurance" -- if, for some reason, most insurers are declining your application. It's not great coverage, but it's better than nothing. http://missourifairplan.com/coverages/
If nothing else, locate the largest insurance brokerage within 50-75 miles of your home you can. I'm sure they will be able to get you the coverage you need. In a worst-case scenario, it will come from the "surplus lines" (nonstandard) market, which means a "nonadmitted" insurer. This is not a bad thing, it just means you won't have secondary protection from the state insurance guarantee association if the insurer were to become insolvent.
There is always insurance available for the right amount of money. If this "damage" (to your pocketbook) was the result of being non-renewed (most assuredly), it will form the basis for an additional cause of action or a portion of your direct damage claim in a civil suit -- leading to a check with a lot of zeroes in it and one or two commas.
I can appreciate your fears concerning this situation. You may want to visit a mental health counselor, or your pastor, now, just to put those current fears on record. It can help your case at trial.
Email me with the details of your situation.
Posted: Mon Sep 03, 2012 06:29 pm Post Subject: Non Renewal problem
Thank you again, I am in Kansas City Missouri, if you can do anything for me, I am all ears, please let me know, and again I cannot thank you enough for the help,
Will Babbitt and Family,
Posted: Tue Sep 04, 2012 02:18 am Post Subject:
By now you've received my email reply to yours. Keep us posted on your results.
Posted: Tue Sep 04, 2012 03:27 am Post Subject: Appreciate it
Not sure I got your email reply, might have went to spam, I will go look thank you again so very much
Posted: Tue Sep 04, 2012 03:33 am Post Subject: YES I DID GET IT
Several choices and suggestions with phone numbers, and contact info, absolutely amazing the replies and interest from this site, most caring people I have run into I have little exposure to these blog kind of things, but it sure seems like this one is exceptional in many ways., thank you again
Add your comment