Home Insurance Denial
Home Insurance Denial
Any damage to your home is stressful, but that stress is aggravated when your insurance company refuses to cover the damage. At Cote & Evans Trial Lawyers we can help you navigate the legal process once your claim has been refused.
If there is damage to your home, you should contact your home insurance provider to make a claim on your policy as soon as possible. After conducting an investigation, your insurer will either accept your claim and pay you out according to your insurance policy, or your insurer may deny your claim, leaving you responsible for all the costs of the damage.
Two common reasons for denial of a home insurance claim are:
- The claim is outside the scope of the policy or the cause of the damage is specifically excluded; and
- That you breached your duties under the insurance policy.
Outside the Scope of the Policy
Your insurance will only cover losses that were contemplated in your policy. Your policy may also specifically exclude some types of losses. Some common exclusions include earthquake damage, damage caused by lack of maintenance and damage caused by wear and tear.
If you believe that your claim was denied even though the damage to your home was covered under your policy, we encourage you to contact Cote & Evans Trial Lawyers for a free consultation. Insurance companies will look for loopholes to avoid paying your claim. Let us hold your insurance company responsible for the coverage they promised you.
Breach of the Insurance Contract by the Insured
Your insurer may deny your policy for reason that you breached your insurance contract. One example of this is when the insurer believes that you did not meet your duty to disclose.
As the insured, you have a duty to disclose all material facts within your knowledge to your insurance company from the time of signing the insurance contract to the termination of the policy. A fact is determined to be material if, upon learning the fact, the insurer would have either declined coverage or asked for a higher premium.
Insurance companies are large, profit-driven companies that want to deny your claim. That is why it is important you have your case reviewed by experienced lawyers such as our lawyers at Cote & Evans Trial Lawyers. What your insurance company considers to be a breach of the insurance policy may not affect your coverage at all. If your insurer unreasonably asserts that you breached your policy, we can help.
When Your Insurance Company Unreasonably or Unjustly Denies You Coverage
If you did not or were unable to comply with all your duties under your insurance contract and your insurer denies your claim, then you may still be entitled to coverage under section 32 of the Insurance Act, RSBC 2012, c 1. This legislation prevents an insurer from relying on your non-compliance to deny the claim when the courts consider that denial to be unjust or unreasonable.
Insurance companies will not come to the conclusion that the denial of your claim is unjust or unreasonable all on their own. Contact Cote & Evans to have us represent you when your insurance company unjustly or unreasonably denies your home insurance claim. We can represent you in a civil claim against your insurance company to help you get your claim paid.
Please contact Cote & Evans Trial Lawyers for a free consultation regarding your insurance claim. We will review your case and discuss your rights, your legal options, and how we can best assist you moving forward.
