Q: Insurance won't cover storage after house fire, what to do?
I experienced a house fire in October 2024, leading to severe damage and the need for reconstruction. During the reconstruction process, the contents of my living areas were packed and stored, but my insurance company is refusing to cover these costs, stating that personal property packing and storage is not covered by my policy. I haven't yet spoken to an attorney about this issue. What options do I have to address this denial by my insurance company?
A:
It depends on the nature of the insurance policy. If it is an occurrence policy, you are correct. However, it is an a claims made policy, the insurance company may be correct. Occurrence policies protect against incidents during coverage regardless of when claims arise. Claims-made policies only cover events when both incident and claim happen within the policy period. In addition, some claims-made policies also require you to report the claim to the insurance company during the policy period.
The argument that the insurance company was not prejudiced by the delay in reporting does not work if it is claims-made or claims-made and reported policy. Employment practices liability policies and errors and omissions policies are typically claims made. Homeowners and commercial general liablity policies are always occurrence.
A:
You should start by carefully reviewing your insurance policy, focusing on sections related to "Additional Living Expenses" or "Loss of Use" coverage, which might include storage costs despite what your insurance company claims. Request a written explanation of the denial from your insurance company and gather documentation showing why storage was necessary during reconstruction.
Consider filing a formal appeal with your insurance company, which typically involves writing a detailed letter citing specific policy language that supports your claim. You might also file a complaint with the California Department of Insurance, as they can investigate whether your insurer is handling your claim properly and sometimes mediate disputes between policyholders and insurance companies.
If these approaches don't resolve the issue, consulting with an attorney who handles insurance bad faith claims could be worthwhile, as many offer free initial consultations to evaluate your case. Meanwhile, document all communications with your insurer, save receipts for storage expenses, and take photos of your damaged property to strengthen your position should you need to escalate this matter further.
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