One of the most painful experiences for most coverage lawyers is when a major disaster strikes and people who thought they had insurance find out they do not. This problem is made worse when it is a young family or people of limited financial means.
“How could this be?” they ask. Unfortunately not all damage is covered after a major storm. We are painfully reminded of this in the wake of Hurricane Sandy. Millions of people were without power. Flood waters poured through streets and homes were literally knocked over. Some damage is covered, some not.
In an interview on WIBG last week, radio host Dan Klein asked attorney Greg Ward about a unique question of coverage related to sewage backup. Residents in New Jersey suffered a massive sewer backup because of a failed lift station. Usually, sewage backups are covered if the cause of the backup originates on the property. Sewage backups could also be covered under a flood policy, but many people in New Jersey and New York are underinsured for flood damage. This is just one example of a complex coverage question that resulted from Hurricane Sandy.
A word of advice to policyholders: at this time, the most important part of your claim is to give accurate and timely notice to every insurance company. Keep an accurate recordof who you talk to and keep their contact information safe. Document everything with pictures, video and receipts. Keep a separate logbook for repairs. Cooperate as best you can and give the insurance company the documents it asks for. It is essential to cooperate with the insurance company to avoid losing coverage because of a failure to cooperate.
One last important point, “insurance coverage” may ultimately be a question for a court to determine. If you have had a claim denied (in whole or in part), or if you feel that your claim is being undervalued by an insurance company, contact an attorney with experience dealing with these kinds of claims.
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