How does The Diener Firm get paid for its services?
We work on a contingency fee basis. You owe us nothing unless we get you paid.
What are my options if my claim was denied?
There are basically two options when your insurance company denies coverage for your claim – (1) live with the denial and move on with your life or (2) contact an attorney to find out whether the denial was proper.
Insurance companies improperly deny claims all the time to save money. If you would like to know whether your insurance company improperly denied coverage for your claim you can contact The Diener Firm and get a lawyer’s opinion free of charge. If an attorney at The Diener Firm believes your claim was improperly denied we will sue your insurer and collect our attorney fees from your insurer if and when we are successful in getting your claim paid. We do not charge the client anything for filing suit on his/her behalf.
What are my options if my claim was underpaid?
Every insurance policy is unique, so an attorney must review your policy before advising you of your options if you have an underpaid claim. There are typically three options, however, when a claim is underpaid. The policyholder can (1) file a lawsuit, (2) demand an appraisal, or (3) demand mediation. Both litigation and mediation are free to the policyholder. Appraisal is not free to the policyholder but can be faster than litigation. Call The Diener Firm and ask to speak to an attorney about your claim if you believe you have been underpaid.
What is an “Examination Under Oath” or “EUO”?
An “Examination Under Oath”, or “EUO” as it is commonly called, is a sworn statement given by the policyholder to his/her insurance company. Every insurance policy requires the policyholder to cooperate with the insurer’s investigation of a claim. One of the duties typically required of the policyholder is that he/she submit to an EUO if requested by the insurer. Some insurers use the EUO requirement in the policy to look for reasons to deny coverage for a claim. Some insurers go so far as to hire the most abusive and unprofessional defense attorneys they can find to intimidate and harass the policyholder in the hopes he/she will decide it is not worth the trouble to continue pursuing a claim. The Diener Firm represents policyholders that have been requested to attend an EUO to ensure that they are treated fairly, professionally, and with respect. Contact us today if you have been requested to submit to an EUO and would like to discuss having one of our attorneys represent you during this process.
What is a “Sworn Proof of Loss”?
A “Sworn Proof of Loss” is a form that has to be completed by the policyholder, notarized, and submitted to the insurance company. While the vast majority of property insurance policies only require the policyholder to provide a Sworn Proof of Loss within 60 days after it is requested by the insurer, some insurance policies require the policyholder to provide a Sworn Proof of Loss within 60 days of filing a claim even when the insurance company does not ask for a Sworn Proof of Loss.
Failure to supply a Sworn Proof of Loss pursuant to the requirements of your insurance policy can result in the denial of your claim. Contact The Diener Firm if you have questions regarding whether you are required to provide a Sworn Proof of Loss, if you have questions regarding how to complete a Sworn Proof of Loss form, or if your claim has been denied for failure to supply a Sworn Proof of Loss.
What are my responsibilities after a loss if I want it covered by my insurance company?
Property insurance policies usually contain a provision titled “Duties After Loss” or “Your Duties After Loss” defining the actions the policyholder must take after a loss in order to avoid a forfeiture of coverage. Depending on the circumstances, an insurance company can deny coverage for an otherwise covered claim if the insurer can show that the policyholder failed to comply with one of his/her duties after loss. Some common duties after loss found in property insurance policies are:
(1) Promptly report the claim to the insurer;
(2) Take reasonable and necessary steps to protect the insured property from further damage;
(3) Show the damaged property;
(4) Provide the insurer with a recorded statement;
(5) Submit to examination under oath upon request;
(6) Supply a sworn proof of loss upon request;
(7) Prepare an inventory of damage personal property; and
(8) Provide records and documents requested by the insurer.
Contact The Diener Firm if your property insurance claim was denied for failure to comply with your policy’s “Duties After Loss” provision to discuss your options.
Should I make repairs?
The only repairs you should perform prior to your insurer inspecting the damage are emergency repairs that are absolutely necessary to prevent further damage. For example, if you have a pipe leak in your home, you should stop the leak as soon as possible. This may be as simple as closing a valve or as complicated as having a plumber trench the cement slab of your home to access an underground pipe leak.
Take pictures of all the damage to your home and the cause of the damage before making repairs. Do not take one or two pictures – take a lot of pictures. When you think you have taken enough pictures of everything, go back and take more pictures.
Once repairs are made, keep the damaged item that caused the loss. Unscrupulous insurance companies will ignore readily available information and claim that they were unable to determine the cause of loss because the homeowner did not retain the item that broke and caused the damage (usually a broken pipe, hose, water heater, or faucet).
What happens if my insurer makes an “election to repair”?
Some insurers decide to repair the policyholder’s damaged property instead of paying the policyholder for the damage. An insurer that makes an election to repair hires the contractor that performs the repairs and pays the contractor directly. The policyholder pays nothing for the repairs except his/her deductible.
An insurer can waive its right to repair if it does not make an election to repair within a certain period of time. Please contact The Diener Firm if you have any questions regarding whether your insurer’s election to repair was timely.
Insurers make elections to repair in order to save money. Unfortunately, sometimes the insurers save money by cutting corners to the detriment of the policyholder. The most common examples of cutting corners include not performing work the insurer said it would perform and not pulling building permits. Contact The Diener Firm if your insurer has started repairing your home without pulling a building permit or if your insurer has performed defective repairs.
What are my rights if my insurer made an election to repair and performed faulty, inadequate, or defective repairs?
You can sue your insurer for the cost of correcting its faulty, inadequate, or defective repairs. Contact The Diener Firm if you are not satisfied with your insurer’s repairs to your property.
What happens if I find additional damage during repairs?
You are allowed to make a supplemental claim for additional damages found during repairs of your property unless you have signed a release or have otherwise settled your claim. Feel free to contact The Diener Firm if you find additional damages during the repair process that your insurer is ignoring or refuses to address.