·  Legal News, Analysis, & Commentary


Why Would My Home Insurance Claim Be Denied? Can I Appeal the Decision?

— March 1, 2022

You don’t have to take no for an answer. You have the right to an internal appeal and you can submit additional documents proving the validity of your claim.

The state of Tennessee is prone to wildfires, storms and hurricanes and residents depend on their homeowners insurance to recover the damages. What can you do if your home insurance claim is denied? How can you appeal such a decision that has terrible consequences on your family’s financial stability? The good news is a claim denial is not final, you have legal options but it would be best to contact the best Tennessee homeowners insurance claim denial lawyers you can find and enlist their help. 

What are my duties after a loss?

No matter what type of insured peril damages your house, it is your duty as a policyholder to inform your insurance company of your loss right away, within 24 hours if possible. 

Next, you need to take steps to preserve what’s left, if there is anything left. For instance, you should cover the torn roof with tarp or turn off water supplies to prevent further damage to your property and your belongings. Do not proceed to permanent repairs until the company’s adjuster inspects the property and don’t throw away any damaged items. 

What are the insurer’s duties after a loss?

First of all, they need to send around an adjuster as soon as possible. That would be in a day or two. Once you file a claim, they should acknowledge it and start the investigation promptly. If they don’t, have a tough insurance claims lawyer in Nashville give them a call and remind them of their duties. If your house qualifies as a total loss and there are no doubts about what caused the damage, your insurance should pay your damages in 30-60 days. At least that’s what regulations say. In real life it might take forever.

Drug Makers Agreed to Settle Illinois Claims They Inflated Rates
Photo by Jp Valery on Unsplash

If they deny your claim, they are obligated to send you a letter of motivation explaining on what grounds the decision was made. Contact your insurance claims lawyer right away and have them examine the content of the letter. 

In some cases, the insurer might have a valid reason to deny a claim, but they’re not above using bogus pretexts to avoid paying what they owe you.

The letter of motivation might invoke lack of coverage or filing errors to justify the denial. Or you might find yourself accused of fraud, like intentionally setting the house on fire or exaggerating the value of your claim. No matter how infuriating such accusations may be, let an experienced lawyer handle the situation.

You don’t have to take no for an answer. You have the right to an internal appeal and you can submit additional documents proving the validity of your claim. 

If your lawyer comes to the conclusion that the insurer is acting in bad faith and your claim was wrongfully denied, you can sue the company. Unreasonable delays, refusing to properly investigate a claim, minimizing the value or your damages  or unjustly denying a claim, all qualify as bad faith. If the case goes to trial your insurer may be ordered to pay you punitive damages, on top of what they owed you under the terms of your policy. 

Join the conversation!