Pre dated insurance coverage period and an executor

Submitted by omega1983 on Sun, 03/11/2007 - 14:27

I am executor of my moms estate in NJ. I had to file a claim on her insurance as a result of an underground oil tank and a resulting environmental cleanup. The insurance company accepted liabilty but only up to the coverage period of 1995. This is an old tank so the likelihood is that the spill happened prior to 1995. The insurance company says they have no record of her past insurer. I am frantically searching old bank records and deeds to try and find this information with no success. In speaking with an official from NJ DEQ, he told me off the record that the insurance company generally will search themselves for such past coverage. They will try and get the insurerd to do this to save them some time. I wish to know what my options are. I am coming into this with no knowledge of her past coverage.
1. Can the insurance company legally blow me off and not cover the claim if I cannot find coverage from 10 years ago. They also cancelled current coverage forcing me to get coverage elsewhere.
2. SHould I hire an attorney and if so what type of attorney?

Posted: 12 Mar 2007 02:10 Post Subject:

She owned the home out right with no liens prior to 1995? If not, then the lien holder will probably have a record. Most people leave their homeowners insurance with the same company for awhile so going back further to when their was a lien might be a good start.

If the current carrier can show that the leak started prior to their policy period, yes they can (and will) deny the claim. What would an attorney do? Search through your mothers records (for a fee)?

Posted: 15 Mar 2007 02:20 Post Subject:

I am agreeing with the mortgage company that had the lien at the time they should have it on record. I am not suprised that they cancelled your policy for something like that..they dont want to have any future risk...They shoudl have given you amble notice though they cannot just drop you out of nowhere...they have to give warning...

I agree here...dont get an attorney unless it really comes down to it. Try and get all the info yourself because that is all they are going to do right now anyway...why pay someone else to do it??

Another thought if you cant find the checkbooks call the bank they should have record of it somewhere..hopefully. At least you can ask...

Posted: 02 Nov 2007 05:54 Post Subject: Post shifted......

Ms Bonnay, your post has been shifted to the following URL. Please click on it to find your post.


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