When Should I Dispute a Property Insurance Claim?

Claim Denial

Unjustified Denial: If your insurance company denies your claim and you believe the denial is unjustified, it’s important to dispute the decision. Common reasons for denial may include alleged policy exclusions, lack of coverage, or disputes over the cause of the damage.

Incorrect Interpretation of Policy: Sometimes, insurers incorrectly interpret the terms of your policy. If you believe the denial is based on a misinterpretation, a dispute may be necessary.

Underpayment of Claim

Inadequate Settlement Offer: If the settlement offer from your insurance company is significantly lower than the estimated cost of repairs or replacement, you may need to dispute the amount offered. Underpayment can occur due to the insurer’s low valuation of damages or failure to account for all covered losses.

Discrepancies in Damage Assessment: If your assessment (or your contractor’s estimate) differs from the insurer’s assessment of the damage, you should consider disputing the claim to ensure you receive total compensation.

Delays in Processing the Claim

Unreasonable Delays: If the insurance company takes an unusually long time to process your claim or make a payment, you may need to dispute the delay. Insurers are required to handle claims promptly and in good faith.

Disagreements Over Coverage

Coverage Disputes: If your insurer claims that certain damages are not covered under your policy, but you believe they should be, you may need to dispute the insurer’s interpretation. This often involves policy language, exclusions, and endorsements.

Partial Denial: If the insurer accepts some parts of your claim but denies others, and you believe the denied portion should be covered, you may need to challenge the partial denial.

Disputes Over the Cause of Damage

Cause of Loss Disputes: Insurers may sometimes attribute damage to a cause not covered by your policy (e.g., wear and tear, pre-existing conditions). If you disagree with the insurer’s determination of the cause of the damage, you should consider disputing the claim.

Bad Faith Practices

Bad Faith Behavior: If the insurer is acting in bad faith—such as intentionally delaying the claim, not providing a reasonable explanation for the denial, or failing to investigate the claim thoroughly—you may need to dispute the handling of the claim and potentially pursue a bad faith lawsuit.

Lack of Communication or Transparency

Poor Communication: If the insurer is not communicating clearly or transparently about the status of your claim, the reasons for delays or denials, or the basis for settlement amounts, it may be necessary to dispute their handling of the claim.

Unreasonable Demand for Documentation

Excessive Documentation Requests: While insurers have the right to request necessary documentation, unreasonable or excessive demands can be a tactic to delay or deny a claim. If you believe the insurer’s documentation requests are unwarranted, you may need to dispute their actions.