Are you a homeowner who filed a first-party home insurance property claim? Did your insurance company underpay your claim by depreciating the cost of labor?
Homeowners who suffer property damage—including water damage, storm damage, roof leaks, or other types of property damages—can file claims to their home insurance companies to reimburse them for repairs. However, some homeowners allege that insurance companies are underpaying those claims.
The leading cause for underpayment according to consumers is that insurance companies nationwide are reportedly underpaying homeowners for the cost of repairing property damage to their homes.
In response, some homeowners are considering legal action against their insurers for failing to live up to their insurance contract terms. In July 2020, a class action lawsuit was filed in a Kentucky federal court against State Farm Fire and Casualty Insurance Co. on the grounds of allegedly improperly including labor costs when calculating depreciations to determine the actual cash value of a property.
The ruling to proceed may force the insurance company to correct over 65,000 policyholders’ underpayments.
Shamis & Gentile, P.A. is currently investigating claims by homeowners who have been underpaid by their home insurance companies.
You may qualify if you subscribe to all three of the following:
If you filed a home insurance property claim for property damage and were underpaid, you do not have to fight your insurer on your own.
Fill out the form on this page for a free case evaluation. If you qualify, an insurance lawyer at Shamis & Gentile, P.A. will contact you to discuss your case and help you determine whether an underpaid home insurance claim lawsuit is right for you.
Homeowners rely on their insurance companies to provide coverage for property damage and other issues that affect their property. However, insurance companies all too often seem to be more attentive to their bottom lines than they are to the people and businesses to which they provide coverage.
One way that insurance companies allegedly shortchange policyholders is by selling “replacement cost” insurance that allows them to pay only the “actual cash value” (ACV) of a claim until the policyholder replaces or repairs the property damage. Some insurers are reportedly not only depreciating physical costs of the property, but also depreciating labor costs without warning policyholders that they would do so.
In April 2019, the Tennessee Supreme Court ruled that home insurance companies cannot depreciate labor costs when considering cash value for a property damage claim.
The homeowners in the case reportedly suffered damage to their properties and submitted an insurance claim, but their insurance company reportedly calculated the replacement cost of the damaged property then subsequently depreciated both labor and material costs. Accordingly, the homeowners sued the insurer and argued that the insurance company’s practice of depreciating labor costs constituted a breach of their contracts.
This is merely one example of a home insurance company underpaying their policyholders. A current class action lawsuit investigates how widespread this practice may be, seeking potential plaintiffs nationwide who may have been the target of underpaid home insurance policy claim schemes.
When a homeowner experiences property damage, they can file a claim with their insurance company. Before filing a home insurance claim, the property owner should review their insurance policy to determine what’s covered or excluded from coverage.
The most important part of making an insurance claim is documentation, including records of who you’ve talked to, the details of your conversation, as well as the date and time of the conversation. It is also important to determine whether there is a time limit that restricts the timeframe in which you are allowed to submit a claim.
It is always a good idea to document the extent of the property damage in case your insurance company pays you less than expected.
Depending on the nature of your home insurance claim, you may need to follow certain steps. If necessary, such as in cases of theft or vandalism, you may need to report the situation to the authorities.
You’ll need to contact your insurance company to file a claim. An insurance adjuster will be assigned to the case and will be responsible for assessing the extent of the damage and estimating the costs.
Depreciation is typically deducted from the ACV of the property when a property owner elects to have their property damage claim paid on an ACV basis.
Most people expect that depreciation includes the cost of materials, but courts are reportedly divided on the issue of whether the cost of labor can also be depreciated.
In February 2020, the North Carolina Supreme Court determined that depreciation included the cost of labor, according to the National Law Review. In that case, the insurance company calculated the ACV cost by depreciating the cost of labor and materials, and the court found that the company’s endorsement for roof damage which defined ACV reasonably applied throughout the policy.
The 6th U.S. Circuit Court of Appeals reached the opposite conclusion, however, finding that an insurer who deducted both material and labor as part of the depreciation cost when calculating the property damage claim was not necessarily entitled to do so under Ohio law.
If you believe you were underpaid for the labor portion of your home insurance claim, an attorney can help you determine whether it makes sense for you to take legal action against your insurance company.
Attorneys are currently investigating claims by:
If all three of the above scenarios apply to you, you may qualify to join this nationwide class action lawsuit investigation into underpaid home insurance claims and seek compensation.
Submit your information now and Shamis & Gentile, P.A. will review your information to determine whether you have a potential legal claim against your insurance company. Contact Shamis & Gentile, P.A. today for a FREE case review!
The insurance claim process starts when you report the damage to your insurance company. After you have completed and submitted the claim forms, an insurance adjuster will inspect the damage. An adjuster is a company representative who inspects property damage to determine how much the insurance company should pay for the loss. The adjuster will inspect the property and interview about the events surrounding the damage. He or she will then produce an estimate of the costs, and the insurance company will then offer you a payment on this basis.
Many people wonder what is supposed to happen to whatever money is left over after repairs have been done at a lower cost than what was initially estimated. Once the insurance company pays your claim and the work has been done, they have fulfilled their obligations to you, and you are free to use the remaining funds as you see fit. You may choose to do the repairs yourself, reduce your costs and use the remainder of the money for something else. It would be your prerogative to do so, as long as the claims process was honest and legitimate. The important thing is to ensure that you receive a fair payment based on an accurate assessment of the damage.
Insurance companies have several reasons for not paying claims. To be fair, some of these may be honest errors, but they are often deliberate tactics to justify underpayment. Some of the most common reasons are: