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Use this forum to discuss problems with fire damage claims, or other fire damage related matters.

Re: Stumbling further

Postby vanessa2 » Thu Oct 12, 2006 7:27 pm

Blah! Blah!, Blah!....

Mike- When you identify and locate me, you can sue me all you want.

Mike wrote:Since when! That is the Contractors job. The adjustors job is to review the contractors estimate and approve or dissaprove based on his companies guidelines.


You know exactly what I meant. I know the adjuster is not a contractor. Allsnake usually contracts home repair estimates out to various estimating companies. That company will give Allsnake the repair estimate which Allsnake should pass on to the policy holder.

Thank you for your concern about my lack of info but no thanks.
(a.)I do not need you to tell me who make the rules. NCOIL does value NAIC’s recommendations.
(b.) true each company can write their own limits. Allsnake’s timetable should at least be close to the evolving insurance industry standards. They can’t arbitrarily do what they want without consequences.

As far as “classes”, I know all that I need to about casual property insurance and risk management. Perhaps you could use a refresher risk management course yourself. Allsnake routinely make intentional errors, omit pertinent facts, and delay claim resolution; what type of law suits are they almost guaranteed to have? If you were an effective risk manager, “good hands” would not be a policy holder’s fantasy but a reality.

“The only true wisdom lives far from humankind, out in the great loneliness, and can only be reached through suffering. Privation and suffering alone open the mind to all that is hidden from others”.
Igjugaruk, the Shaman
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Postby vanessa3 » Fri Oct 13, 2006 9:37 am

Dasfuk wrote:

Side note Mike. Vanessa is a homeowner who is not satisifed with her fire claim and is pursuing it through an attorney. I may be wrong, but many times people overhear or are told a lot of legal mumbo jumbo by their attorney and then they go off half cocked thinking they have a law degree. The information they supply with have some validity but their either confuse or mix up the information that they have learned.


Dasfuk,

You write and advise victims as if you are a full tenured legal professor. You are the main person on this site telling everyone that they don’t need a lawyer. Professor Dasfuk, what am I confused about? Where did you receive your JD degree? The University of Back Alley Insurance Deceit?

Friend, you brighten my day with your comments. :lol:
vanessa3
 

Postby Guest » Fri Oct 13, 2006 12:41 pm

Vanessa:

You are on this site telling everyone that they need an attorney. There is a time and place for an attorney. It just does not make sense to me to run out and get one right away. Why not try and see what you can do on your own. Then if things aren't working well, then get the attorney. Why let some attorney take money out of your pocket, unless that is the only way to get things resolved.

And before you type back that anyone dealing with Allstate needs an attorney because they will deny your claim or lowball you, you can forget it cause it is just not true. If it were true, then you see courts clogged to the point that nothing would get done. You don't hear from the people where their claims go smoothly, you only hear from people that are upset. I just hate to see people waste money on an attorney or let an attorney take 30% of their claim, when it isn't necessary.

Your the one that is spouting off about things you don't know about. " Contractors can't write estimates". WHAT?!? Go have your day in court and then come and cry when the beast of Allstate wins again or your attorney sells you out for a quick dime. It happens time and time again, because those with money have the power. Not that I agree with it, but it is what it is.

Now go ahead and read only the above portions of my post and twist my words.
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needing a refresher.

Postby Mike » Fri Oct 13, 2006 1:02 pm

I'm glad to know I need a refresher course. I have taken 7 this year, 3 in CIC, 3 in CRM and a Ruble. But like I said I'll be taking a refresher in February in MN. I'll be the one teaching it.
Mike
 

Re: needing a refresher.

Postby Mike » Tue Oct 24, 2006 12:45 pm

Mike wrote:I'm glad to know I need a refresher course. I have taken 7 this year, 3 in CIC, 3 in CRM and a Ruble. But like I said I'll be taking a refresher in February in MN. I'll be the one teaching it.


By the way, it's not "casual Property insurance" oh educated one. It's Property Casualty Insurance.

(and I need a refresher)
Mike
 

Postby Guest » Fri Nov 03, 2006 3:32 pm

vanessa2 wrote:
JAYDEE wrote:Vanessa:

You're so far off base it's not even funny.

It's time to drop the irrational hysteria and arm yourself with some useful knowledge.


I never said that a homeowner could not obtain his/her own estimate. I did say that in this case Allsnake is not following their own claims process!!! You seem to be the person displaying the "irrational hysteria". You might as well sit back and relax because the "Revolution" will be televised. Consumers are really fed up with the "good hands people's" CRAP!!! and we are not going to take it any more.

Questions.
Does your company demand that the homeowner obtain their independent estimate before recieving one from your company?

If so, please tell us which company you are referring to?

Next Question.
What are the NAIC recommendations for this type of claim?


Allstate has requested on several occasions for the name of the contractor we intend to use, and I have yet to hear from their adjuster. We have been fighting since Good friday, April 14th of 2006
Guest
 

Postby vanessa2 » Sat Nov 04, 2006 10:50 am

Anonymous wrote:Allstate has requested on several occasions for the name of the contractor we intend to use, and I have yet to hear from their adjuster. We have been fighting since Good friday, April 14th of 2006


I detect a pattern here. :idea: This seems to be a routine practice for claims they can't deny and do not want to pay.

Are you the same poster? When was your fire/occurence? Has one of Allsnake's contracters been to your home to assess the damages? Have you gotten a home repair estimate from Allsnake yet?

I hope to hear from you again. You should join the membership so that we know that you are posting a reply instead of one of the shills. If you do not know what shills are read " Danger Shills Are In The Water."

P. S.

keep in touch :) :)
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Postby Dasfuk » Sat Nov 04, 2006 11:03 am

If this is the same poster, he/she has still not answered the question.... has he obtained his own estimate for repairs? There is no excuse for Allstate not to be responding, and something does not add up. He needs to get an estimate from a contractor for all of the repairs, calcuate and document his additional living expenese, and calculate and document his content damage. Send all of this along with a signed Proof of Loss. Allstate will then have to respond.
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house fire

Postby tf » Thu Dec 07, 2006 1:43 pm

my claim was filed in August 2005; the adjuster wanted us to match the carpet damaged in the dining room to the rest of the house!! The house is 5 years old; he said we had to use the same weight of carpet. NO WAY TO MATCH THIS UP. So, the only solution was to recarpet the family room, dining room and living room to match up; and also our stairs. He agreed this may be the only way to go and would discuss it with his manager. My husband decided to save allstate money and put in a hardwood floor, and do it himself. It turned out gorgeous and we had to cut out carpet in front of the basement door and continue into our entry way. Estimated savings for Allstate was around $5,000. It cost us to do it ourselves around $2,100. They sent us a check for $1,100!!! Now they won't even return my call, and have gone back on their word. Any suggestions? We just spent our Xmas money[/code]
tf
 

Re: house fire

Postby vanessa3 » Fri Dec 08, 2006 2:07 pm

tf wrote:my claim was filed in August 2005; the adjuster wanted us to match the carpet damaged in the dining room to the rest of the house!! The house is 5 years old; he said we had to use the same weight of carpet. NO WAY TO MATCH THIS UP. So, the only solution was to recarpet the family room, dining room and living room to match up; and also our stairs. He agreed this may be the only way to go and would discuss it with his manager. My husband decided to save allstate money and put in a hardwood floor, and do it himself. It turned out gorgeous and we had to cut out carpet in front of the basement door and continue into our entry way. Estimated savings for Allstate was around $5,000. It cost us to do it ourselves around $2,100. They sent us a check for $1,100!!! Now they won't even return my call, and have gone back on their word. Any suggestions? We just spent our Xmas money[/code]


It is strange that you mentioned this incident here. I recently watched a similar case on COURT TV. The defendant refused to pay the claimant because she did not want to use the insurance proceeds to repair her vehicle. The Judge clearly said in his ruling once liability has been established the claim must be paid.

It is up to the claimant how the proceeds are spent.” I would consult with an attorney to explore your options. You may be able to get an attorney to take this case on a contingency basis.It should not matter if you fix the damage yourself or someone else as long as the cost does not exceed their estimate.

MAKE THEM PAY!!!!!
vanessa3
 

OH MY GOD

Postby Mike » Mon Dec 11, 2006 11:34 am

And I quote "I recently watched a case like this on court tv". Are you kidding me. Yeah this is who I want to get my advice from.
By the way Vanessa what state was that case from? You do know of course that each states DOI sets there own rules and guidelines for their particular state. I'm arbitrating on a court case for a road rage incident, so if you will excuse me I'm going home to review a couple cases of the "Dukes of Hazzard" so I can get my defense ready.
Mike
 

Postby Dasfuk » Mon Dec 11, 2006 2:36 pm

What the issue appears to come down to here is matching. The adjuster informed them that they would not appear to be able to match the carpet in the other rooms. The question would be, are their doorways between the room that was damaged and the other rooms. (cut off point). If so, they owe for the damaged room. If it was an open floor plan, they should recarpet the continuous areas of carpet. She never stated that they had an agreement, she only stated that the adjuster was going to speak to management.

With the dollar value she stated, it would sound as if they allowed only for the damaged room, which is an accepted practice in most states depending on the floor plan of the house.
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Postby vanessa3 » Mon Dec 11, 2006 4:48 pm

FYI Mike, You should know by now that I can tell when you are trying to avoid the real issues. This person reports filing a claim for damages to carpeting. Once the adjuster finds coverage under the policy and estimate damages, he/she should issue a check for that estimated amount to the policy holder.

It is their business whether they decide to fix the problem or let someone else handle it. This was just a pathetic attempt made by the adjuster to save the company money and get a bonus or pocket the money. What a crook!!!!

Speaking of crooks, there are a plenty of them on the Dukes of Hazzard. It may be a good idea to watch it to help you with your job. Allsnake and Boss Hog have a lot in common. Both are deceitful, corrupt, and think they are above the law.

How does this show end? BOSS HOG GETS ARRESTED. You and your BOSS better straighten up and fly right.

CRIME DOES NOT PAY!!!!!
vanessa3
 

Postby Dasfuk » Tue Dec 12, 2006 12:01 pm

vanessa3 wrote:FYI Mike, You should know by now that I can tell when you are trying to avoid the real issues. This person reports filing a claim for damages to carpeting. Once the adjuster finds coverage under the policy and estimate damages, he/she should issue a check for that estimated amount to the policy holder.

It is their business whether they decide to fix the problem or let someone else handle it. This was just a pathetic attempt made by the adjuster to save the company money and get a bonus or pocket the money. What a crook!!!!


Vanessa:

You are missing the issue. Which is matching and not non-payment of the claim. You are correct however that the policyholder can do what ever they want to do with the money once it is received(hopefully they fix their house). If they want to do the work themselves, that's fine, they should be paid based on what it would take a contractor to do it. What they do with the money left over is up to them.

It does however appear that Allstate made payment for the carpet and pad to the damaged room only. According to the poster, the adjuster told them that he would need to check with management as to the additional rooms of carpet. They did not have a final agreement. Depending on what state this is Allstate paid according to their policy, as it relates to paying for the damaged carpet. There is nowhere in the policy that states that they must match undamaged portions of the house.

They are following the policy. If someone doesn't like the way the policy is written, take it up with your state officials, as it is approved by them.
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In response

Postby Mike » Tue Dec 12, 2006 1:28 pm

It sounds like the 1100.00 settlement was the cost (or what would have been the cost) of recarpeting the one room. The savings listed would have been the savings from fixing the one room vs the cost of recarpeting the entire continuous section. In his policy he paid premium for the re-carpeting per Sq Ft of his house. Since he only fixed the one room, Allstate is going to pay for the recarpeting of the one room. Obviously the hardwood flooring was 5 times as expensive as the carpeting however the insurance company is not required to pay for the enhancement of the build but only for the actual loss. As an example, if you get a settlement on a 1997 buick but instead want to buy a 2003 lexus, you can apply your settlement to the Lexus and pay the difference, but the company is not going to afford the full cost of the Lexus. Basically the company is saying you could have fixed all continuous sections with carpet, but since you decided to fix only the one area, we are only going to settle for the one area (with like material and cost) or in actuality carpet.

Hope this conclusion makes sense.
Mike
 

Postby JAYDEE » Sat Dec 16, 2006 2:15 pm

The other issue that can come into play on the carpeting is the "Loss Payable" clause within the policy. Most policies have some sort or requirement that states you must repair or replace your damaged property to get full replacement cost.

Usually, there is some sort of threshold amount involved. For example, my homeowner policy states that if the loss is over $3,000 that they will pay me actual cash value (ACV) which is a depreciated value until I repair or replace.

Once repair or replacement has occurred, they wouldd then pay me the depreciation (hold back) up to the full replacement cost.

Say, I had carpeting damaged, as above, and it was $5,000 to replace. Let's say that carpet has a normal life expectancy of 20 years and the carpet was 5 years old.

There would be $1,250.00 depreciation applied. The carrier would then make payment of $3,750.00 less any deductible. If I replace all the carpet and pay $5,000 or more then they'll release the $1,250.00. This would be paying the full replacement cost.

If I replace all the carpet and spend $4,000.00 then they would reimburse me up to $4,000 less my deductible.

If I don't replace the carpeting, then, I can take whatever payment they issued and do with it whatever I please.

The point is most policies have a written section that require a homeowner to replace their property for full replacement cost to apply.

If the situation onn the carpeting, they should have paid for the continuous carpeting if it was an open floor plan. Depending on Allstate's written policy, they may then only owe the depreciated value of that carpet until it was repaired or replaced.

Does anyone know how an Allstate policy reads with regard to how they pay losses?
JAYDEE
 

Postby Dasfuk » Sun Dec 17, 2006 12:48 am

On a Deluxe policy.

Section 1 Conditions:

4. Out Settlement Options.

In the event of a coverage loss we have the option to;

a.) Repair, rebuild or replace all or any of part of the damaged, destroyed or stolen property with property of like kind and quaility within a reasonable time; or

b.) pay for all or any part of the damaged destoryed or stolen property as described in Condition 5 "How We Pay For a Loss"

5. How We Pay For A Loss

Under Coverage A.
Coverage B.
Coverage C, payment for covered loss will be by one or more of the following methods:

a.) Special Payment. At our option, we may make payment for a covered loss before you repair, rebuild, or replace the damaged detroyed or stolen property if:
1) the whole amount of loss for property covered under Coverage A, B without deduction for depreciation, is less then $2,500.00 amd of the property is not excluded from the Building Structure Reimbursement provision or;

2.) Same as above except for coverage C.

b.) Actual Cash Value. If you do not repair or replace the damaged, sestroyed or stolen property, payment will be on an acv basis. this means there may be a deduction for depreication. Payment will not exceed the limit of liability.......

You may make claim for additional payment described in paragraph "c" and "d" if you repair or replace the damaged... covered property within 180 days for the actual cash value payment.
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Fire loss estimates

Postby William68 » Thu Dec 28, 2006 5:17 am

No one should rely on contractor bids to assess, verify, or estimate their loss. This should be handled by a Public Adjuster, if their State requires such license, or a competent property loss consultant. They are familiar with policies and how to apply the coverages involving any type of peril-caused damage. Without minimizing their respective, and important expertise and talents, Contractors, simply do not have the inside knowledge of the process or the expertise consultants and PA's have when it comes to adjusting a loss -- the contracting comes afterward.

I am not saying that for self-serving reasons either, I am also a former State Licensed Commercial / Industrial / Residential contractor who, at that time, did not realize just how far I was out of my league regarding loss issues. compiling reports, detailed estimates, technical data, etc. for the insureds. In fact, you would do well to find any contractor with such expertise, I know I would like to hear from them if they are out there.
I met a PA in 2003, and I was intrigued by the fact that he recovered 1.3 M for a developer / contractor's hail and wind damaged shopping center. This insured had initially thought he had already settled his claim for 250K.

Most policies I am familiar with state that an insured must fully comply with all policies provisions before filing suit. Appraisal is one of those provisions, and I have read several instances where insureds suits were dismissed due to the same. I have found in my experience, if the insured can retain an experienced appraiser who will work on their behalf -- they can obtain an accurate and equitable settlement without the expense of litigation. I am not an attorney, nor am I offering legal advice to anyone, however, if claims game was a battlefield then I'd earn the stripes!!!!!

Just remember that having professional claim experience on your side in the event of a loss is a must for all insureds ..........even attorneys!

Til next time.....
"The first one to present their side of the storya always seems right.............until another comes forward to question them"

Quote from the most intelligent person in human history - Solomon
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Postby Guest » Thu Dec 28, 2006 7:55 pm

william,

This makes a lot of sense. Tell us a little more about Public adjusters. Do they do free consultations? What is the average service charge? How and when do they get paid? Tell us more!!!
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Public Adjusters

Postby William68 » Fri Dec 29, 2006 5:26 am

Visit the website http://www.NAPIA.com, which is the National Website for PA's and go to the frequently asked questions section --- this covers everything.

The website http://www.catadjuster.org is a website that you can visit to actually see the side of the insurer's staff adjusters.

The napia will arm you with the necessary information as to retaining a reputable PA, as there are many who are not reputable as my first post describes.

I also know several insiders who are nearing completion of a complete how-to claims manual for the public. I am certain its release will be a turning point for all insureds -- and definitely the insurers.

I will post its availability when its released.
w.g.
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