Had a Home Ins. Claim. Ins. Co. sent me check which is a fraction of actual damages

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Had a Home Ins. Claim.

Ins. Co. sent me check which is a fraction of actual damages.

Hired Ins. adjuster to pursue additional funds for damages not covered by original Ins. check.

My Ins. adjuster is in back and forth with Ins. Co. on final damage amount.

My question is can I deposit orig check Ins. Co. sent ?

Does depositing orig check interfere with the on going claim for additional funds ?”

Asked October 2, 2018

1 Answer


When a Florida homeowner deposits a claim check from an insurance company that has only agreed to pay a fraction of the cost related to damage repairs, they risk making it appear like they agree with the insurer about the amount. Whether or not the courts ultimately see it that way depends on a wide range of factors. It's important to read your home insurance policy, especially the fine print, for any terms related to depositing a claim check during an ongoing dispute. Additionally, some companies inform a homeowner in the letter accompanying a claim check or on the check's front or Memo" line that the amount represents a "final" or "full" payment. If the letter, check or any other related documentation makes it clear that amount is a final or full payment, never deposit the check. You should always wait instead until the insurer and adjuster agree on an amount that can cover the repairs in full.

Of course, you might not be able to wait. For example, your home might not be habitable because of significant damage from a man-made event like a large sewer leak, car collision or train derailment through the structure or toxic smoke or a natural event like a flood or hurricane. If you're in this type of a situation, the best option is to seek out the advice of a Florida-based property insurance dispute lawyer. A lawsuit, if it comes to it, can sometimes prompt an insurer to settle the matter out of court by paying the amount a homeowner seeks for repairs. If you go that route, always remember to include any additional costs and fees in the total settlement amount, such as document-copying, legal and even mileage to and from your attorney's firm, since the insurer forced you to take action and spend extra money.""

Answered October 5, 2018 by fl_pc

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