House Burned Up -- Anyone Know about Insurance?

   / House Burned Up -- Anyone Know about Insurance? #1  

CurlyDave

Elite Member
Joined
Dec 25, 2005
Messages
4,287
Location
Grants Pass, OR
Tractor
JD TLB 110
Our house in Woodside, California burned up two days before Thanksgiving. I say burned up rather than "burned down" because the shell is still standing, although all windows and doors are gone, and the interior is a complete loss.

We had it on the market for 6 months and it hadn't sold yet, so it was mostly empty. We were living somewhere else so we didn't lose personal possessions, just the few pieces of furniture and stuff in there for showing.

While rebuilding is going to present an interesting project for the next year, my immediate problem is that I am already at loggerheads with the insurance company, State Farm.

The real problem I have is that the adjustor they gave me has the company's interests first, and is a real tightwad. My personal belief is that she has already crossed the line from properly representing State Farm into "bad faith" territory, but I am waiting to make that claim formally until we get to the big money issues. I am completely aware that the relationship I have with the insurance company is adversarial in the legal sense. They want to pay as little as they can, I want them to pay as much as possible.

My biggest problem is not that I can't stand up to her, I am pretty assertive and will go toe to toe with anyone. The problem is that I don't know what is "reasonable and customary" in these cases. Already she has made statements and taken positions I feel are contrary to my best interests, and I don't know which battles to fight hard and which to only put up token resistance.

I have talked to lawyers and "public adjustors" and I am not certain they can help me that much. They also feel that way. We think the settlement is going to come close to the policy limits, and if I can get close to the max on my own, it just doesn't make sense to give 7-10% to a public adjustor, or 25-30% to a lawyer.

I have to admit I haven't looked very hard for a lawyer to work by the hour, and I will do that if I have to, but the one I talked too, didn't seem too interested in working with me (I think he wanted a big-dollar percentage.) I think if I had a little advice from people experienced in insurance I could handle this on my own. OTOH I need to avoid making mistakes at the beginning which could prejudice my chances for success in getting a fair settlement later on.

Just a few examples of the problems I am having with the adjustor.

1. Because I had moved to Oregon prior to the fire, she tried to tell me that State Farm wouldn't pay for renting an alternative house while mine was being rebuilt, even though I had clearly told her that I was moving back to CA in order to supervise the rebuilding. Eventually, I got the insurance to pay for temporary housing, but it was a real tussle to get what the policy clearly said I was entitled to.


2. Every engineer or fire professional who has looked at the house says it is a total loss, demolish down to the foundation and rebuild. Adjustor says she wants to salvage the charred and burned framing. I think this is crazy & will end up costing more. She will not say why she believes it is salvageable.

3. Adjustor refuses to communicate by email. Only phone or fax. She claims it is for "security", I think it is to make it much harder for me to keep a record of what the insurance company says. If she sent emails, I could cut and paste into a word processing program and have an electronically searchable file of what they had said in the past.

Anyway, if there is anyone who has experience with insurance companies, especially in the area of usual or typical settlements I would dearly appreciate a PM.
 
   / House Burned Up -- Anyone Know about Insurance? #2  
I have found from experience it is generally more expensive trying to salvage a burned home. You spend more time trying to save what you can that it eats up a lot of time and time is money. Plus, when your all done your house is still black flagged as it was "burned" and that raises questions to prospective buyers as to how good the house was rebuilt and what problems they may have in the future as a result of the burned building regardless to how well it was repaired.

Do you have to rebuild or could you just take the money and sell the land after demolishing the house?

I really can't advise you on legal routes as all states are different. Any time we have dealt with working on burnt homes it seems the home owner spends a bunch of their own money making improvements since we are there anyway. The insurance pays enough to cover the actual damage though. We have never been in a situation where it was a complete loss. Generally it is a one or two room repair. Best of luck to you.
 
   / House Burned Up -- Anyone Know about Insurance? #3  
Dave,

So sorry to hear. My home burned down Nov. 28, 2007. I also have State Farm insurance and they were very good to me. Maybe better than they should have been. I'll send you a pm.

The sounds of it, your house suffered more than mine and they had no problem totalling mine. Demolish and start over. Most of my frame was fine, half the windows still there. Really only half the house burned but to try to repair would have been infinitely more difficult. I can send you pictures to compare to yours if you like.
 
   / House Burned Up -- Anyone Know about Insurance? #4  
Sorry to hear of your loss, but you were not in it - that's the important part. I don't have any words of wisdom other than I know I found it very difficult to insure a house that was not presently being occupied by anyone. The company I did find to insure it until it sold wanted me to put in writing it was not being lived in because it was being renovated. I'm afraid a lawyer may be in order, if for nothing but a short talk about the situation. Merry Christmas and Good Luck !
 
   / House Burned Up -- Anyone Know about Insurance? #5  
Can't add much but, a friend's place burnt beyond repair and he started the process. It got frustrating beyond belief and a lot of delays. He went above the adjusters head and talked to someone higher up. Adjuster got canned and he got the go ahead to built although many months behind sched. Sorry for your loss - good luck.
 
   / House Burned Up -- Anyone Know about Insurance? #6  
I don't understand the reason for non-email. My agent has the same policy differnt company. I manage a Telecom utility and we deal with legal documents tranversing our mail servers everyday. We don't snoop, but if one gets caught in the SPAM box we get a call that they need it now.

I have gotten to knwo my agent on the personel level maybe I will apply some lubricants to him and see why they are afraid of email for correspondnaces.
 
   / House Burned Up -- Anyone Know about Insurance? #7  
Refusal to communicate by email sounds like she does not want to or has been instructed not to create any more written evidence than is avoidable.

If the house has been vacant, up for sale, and then suffered a loss, insurance company may be suspicious. Unless the insurance company was notified that the property was vacant and they continued to insure, they might also raise issues about that, too.

You should be able to find a lawyer who'll work with you on an hourly rate.

I'd look for a litigation attorney who has handled insurance claims before. You could ask around the local court clerk's office to see who might have done this. YOu could also search by practice areas and by location at this site: Lawyers, Find a Lawyer, Law Firm & Attorney Directory - martindale.com but not all lawyers are listed on this site. AV lawyers on the site are the ones with the highest peer ratings for expertise and ethics. Another way to find one is to get a lawyer where you live now to do an online search of reported cases in California involving insurance claims and see who did a good job.
 
   / House Burned Up -- Anyone Know about Insurance? #8  
"Adjustor says she wants to salvage the charred and burned framing."

The only time I have run across this is when the person did not have insurance. The depth of the char will have to be determined and figured by an engineer on the new structural load limits. It will always smell and look like burned wood in the attic - not a good selling point. Sorry I can't help more.
 
   / House Burned Up -- Anyone Know about Insurance? #9  
Dave, I'm really sorry for your loss and I know it will take you away from other projects...

I've only had one claim with State Farm and the original adjuster and my agent were low-balling in my opinion. The adjuster was transferred, at least that's what I was told, the new adjuster couldn't have been better to work with... He wasn't easy, just very fair... as long as I had documentation to send him, he took care of it. It wasn't a total loss or fire damage.

Many of my friends lost homes in the Oakland Fire Storm way back... most ended up with private adjusters and felt the fee was worth it.

Your a sharp guy and I would think you can come out OK if you can afford the time to put into it... Be prepared for a long process... at least some construction costs are down and contractors are actually looking for work.

If fax is your only option for "Getting it in writing" that's the way I would go... the person your dealing with today could be gone tomorrow.
 
   / House Burned Up -- Anyone Know about Insurance? #10  
Hi Dave,
My home and everything I owned besides the shorts and sandals I was wearing at the time was destroyed in a fire 2 years ago. I had SAFECO insurance. It was NOT an adversarial relationship. It was a partnership in every way possible. It couldn't had gone smoother for me or more in my favor if my own mother owned that company. With that said, PM me if you are interested in more discussion and I'll send you my phone # so we can talk. My adjuster and I discussed a lot about insurance and I would be happy to pass on what I know. You have more than your insurance company you need to deal with. For example; have you contacted your county tax assessor and had them remove the house from your property taxes yet?
Long story short; California has some really good laws on the books to protect you. Your policy is a legal document. Read it carefully. There's no trick words or misdirection; what it says is what it means no matter how much your agent tries to tell you otherwise. You do have some problems in that your home didn't burn all the way down. Any insurance company will require salvage from the unburned portion to restoration. A fully destroyed home, like mine opened the door for me to rebuild what ever I wanted without being constrained to the surviving foundation or structure. (My foundation was destroyed as well.) Good Luck and hope I can help.
Jerry

Links to my fire;
cbs13.com - Video Library

Woman Arrested After Fatal Hit-And-Run - Sacramento News Story - KCRA Sacramento
 
 
Top