We have lost everything - my husband won't file a contents claim?

Question

Our house flooded because of a burst pipe. My husband is the name on the house deed, and the house insurance is in his name only, although he bought the house after we were married.

He lives in an apartment away from us, where he works, and I have been living in the house with the kids for 3 years.

All the kids and my possessions were ruined in the flood; their musical instruments (so sad, a violin warped by the water) and all their beds and clothes and furniture, toys broken. Three ceilings fell down.

My husband refuses to file a contents claim. At first, he was going to file a claim, but the insurers said any check would go to him, at his separate address. Then I said I wouldn't value the violins for him. (One of these was given to me by my father when I was a child, and is worth thousands of dollars).

So then my husband said he would refuse to claim at all for the contents.

So the children and I have lost everything.

What can I do?

Answer 1

Unfortunately this highlights why insurance policies need to be in joint names, and also most contents policies will only cover one situation of risk. It appears to me that the address covered by your Husbands policy most likely will be at the address he is living at, not yours...It sounds like the address you live at will not be covered or listed on the policy.

Answer 2

As a spouse, you can also file a claim.  Who is named insured?  The listed person on the policy, AND THEIR SPOUSE.

Yes, any check is made payable SOLELY to the name on the top of the policy.  Him.  Can't do anything to change that.

The violins aren't worth thousands.  It's whatever the seconhand price is.  Sentimental value isn't insurable.   A Strativarius needs to be insured seperately.

Now, tomorrow, go buy a renters policy, to cover your stuff and the kids, so if it happens again, you don't have to depend on your husband.

Answer 3

Speak with an attorney. This is what you do.

Answer 4

When your husband already made a phone call to the insurance company.  No matter if he makes a claim or not, it's too late.  Automatically, just the inquiry, causes it to go into a central shared insurance database.  The claim follows both the person and the house.  There is no reason not to get reimbursement at this point.

Readers Digest did a great article on this system about a year ago.  Ironically, it doesn't even matter if you had a real flood or not.  You make the inquiry, they assume you had the flood and are just not reporting it.

Further, if any damage at all exists, you won't be able to sell the house without showing receipts for the repairs.  It will need to show that you used an Emergency Flood service that will try and stop mold from growing.  Really, they just knock holes in your walls and run giant fans for several days to dry it out (and cause really low humidy levels in your home) and then charge you a fortune.  You think the flood does damage?  Wait until you have to fix the damage these guys add to it.  But - it's a safety thing.... you do not want mold.

So - what to do?  Make the call yourself.  My wife wasn't a homeowner of my house (purchased before we married) when her kids flooded it.... and it didn't stop her from making the call.  I was like your husband.... saying NO !!!!  Our Rates!  But, it didn't matter.  Like I said... the inquiry was made.  That was enough.

We did sell within 3 years.  The new owners got word during escrow that they'd have to pay inflated rates for the duration of the 3 year period (a little more than a year was left).  And, to boot.... we got inflated rates on another home we bought - even in a different state... as the claim followed the person too.

Note:  Unlike auto insurance which makes a big difference if it's under or over $1000.  Flood insurance doesn't matter.  Your damage can be $1500 from a flooded toilet to $85,000... and the claim is the same.  So - go ahead and claim the violins.

Answer 5

You could make a deal with him, split the contents money or you could do what should be done. That is turn him in for child neglect, it is his responsibility to provide for his children.  Sense  you and your children are related to insured  all of your personal property that is considered to be a Total Loss "not salvageable" is covered. Depending on what Insurance Co. and what state you can file a contents claim being that you are his wife. Also which address is his  insurance statements mailed to, if it is your address then that is where check will be mailed to, unless he specifies different.  

To protect kids and yourself and to have some fighting leverage, you need to have a contents specialist give you an estimate on your content loss. They come and take inventory of contents, then price it all out by, purchase date value, today's value, replacement cost value and actual cash value. As far as violins go insurance co will have them appraised. Appraisal will be for their value before water damage and their damaged value. So you or your husbands assumed value of violins does not matter. The value of the violins will only matter when a contents claim is made.

After you figure out the dollar amount of your loss, find a lawyer and sue the pants off your husband. Then he may think twice about filing that claim.

Answer 6

Get a divorce and sue him for alimony, what a creep loser!!