Reasons Why a Property Insurance Claim Be Litigated

Insurance on property covers all kinds of accidental and sudden damages, just like the insurance policies for the property. If your property is damaged then one of the next steps will likely be filing an insurance claim with your insurer to help pay the costs.

In the perfect scenario, all would run smoothly. Your insurance company would reimburse you an appropriate amount for the damage and pay it promptly. Then you’d be to your destination, contented that the system is functioning.

Unfortunately, there can be resistance to claims that can cause issues. In certain circumstances, claims may be litigated. Why? What is your insurer responsible for doing?

What Should an Insurer Do After You File the Property Insurance Claim?

If a property is damaged and the owner file a claim, the law requires insurance companies for property to investigate the claim and examine whether it believes it is protected under insurance policies and if it is then the amount of damage.


In essence, three things may occur after a claim has been made.

  • The insurer is able to accept responsibility (legal obligation) to the extent of the claims and then pay the full amount.
  • The insurer is able to take on the responsibility of the claim but pay less than what the property owner believes it is due. This is referred to as “under-paying” an amount.
  • Deny the responsibility and refuse to pay whatever the damage.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a roof damage insurance Lawyer. She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.

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