What type of lawyer would handle a claim against a homeowners insurance co, for a claim that was denied.?

Question

We had a loss at our new home under construction. Under "insured location" in our policy, it clearly spells out a definition as a residence under construction to be used as a primary residence for the insured, which this was. But the insurance co comes back with a denial, saying that it is not the "intent" of the policy to cover such a loss. I have been over and over the policy, and I feel sure that if sued, they would cover, but as we don't have the cash up front, we would like a lawyer that would take it on contingency.

Answer 1

Your policy may have covered liability on the property, but what you need is a "Builder's Risk" policy to cover the construction as the home is being built. As the building goes up, you increase the insurance on the structure.

You didn't say what your loss was, so it is hard to give an opinion as to why the company denied the claim. Was it flood, theft, fire, wind, or..... what?

You don't need to see an attorney until the insurance company gives you an explanation as to why they denied the claim.

You see, an insurance policy will cover exactly what it says it will cover. Risks which are not covered are listed in the exclusions section of the policy.

Answer 2

You do not indicate what your 'loss' was.  You need to read carefully the clauses in your policy which cover the house under construction.  As with any homeowner policy, this construction policy is not going to cover anything other than damage from wind, fire, etc.

You might want to tell us the nature of your loss for further guidance.

Answer 3

I agree with your insurance carrier. You needed to add an endorsement to your policy to cover a house under construction, or get a seperate policy for your house that is under construction. What happen at your "new" house. Didn't the builder have a contractor's policy to cover the loss? But to answer your question, you would need to find a lawyer who specializes in property loss. Good Luck.

Answer 4

OK, You can't make a homeowners policy into a builder's risk policy, by putting in the "insured location" that it's under construction.  

Crucial question - WAS THERE A BUILDER'S RISK ENDORSEMENT ON THIS POLICY?  If not, it's not covered, while under construction, regardless of the "name" of the location.  

Your lawsuit isn't with the company - it's with the AGENT that wrote this policy.  This is CLEARLY an errors and ommissions suit.  Many times, you CAN write a homeowners policy, WITH a builder's risk endorsement, for up to a year, for a house under construction.  So if the policy was written on a standard homeowners without that endorsement, the agent screwed up.  Clearly.  The dec page SAYS they screwed up, by putting in that location name.

Anyway.  Any "general" lawyer will take this on.  You'll PROBABLY have to give them a retainer up front - like $5,000 or such.  BUT, if/when you win your suit, it should include your legal fees, plus your damages.  It might take a couple years to get there.

Answer 5

Before you get an attorney contact your state insurance department.  Most attorneys usually don't handle property damage only claims unless they think they can get some where with a bad faith suit.  The denial should have quoted specific policy language.  If it didn't and was vague then call the manager and ask for a better explanation.  I am not a pro on homeowners property claims but this should be a start.  Good luck.