by homeowner1545 » Wed Aug 21, 2013 06:22 pm
My home had damages last year due to a storm. Although the homeowners insurance and home are in both my husband and my name, the refund check came in his name only, he cashed it prior to being served with divorce papers and took off with the money.
When I questioned the insurer why the check only came in his name, they said the adjuster made a mistake and didn't look all the way on the computer screen, only picking up his name and not both. They said the check was already cashed and there was nothing they could do about it.
I'm out $7,000.00 and the work that had to be done. What can I do ? Can I come against the insurer for it's mistake that I am paying for?
Thanks
When I questioned the insurer why the check only came in his name, they said the adjuster made a mistake and didn't look all the way on the computer screen, only picking up his name and not both. They said the check was already cashed and there was nothing they could do about it.
I'm out $7,000.00 and the work that had to be done. What can I do ? Can I come against the insurer for it's mistake that I am paying for?
Thanks
Posted: Wed Aug 21, 2013 11:32 pm Post Subject:
Of course they (and especially the adjuster) is going to say that. 1) they don't want to pay another $7000 and 2) the adjuster probably does not want to tell his/her boss they they screwed up and cost the company another $7000.
Send a written demand to them for the $7000. File a complaint with your states Dept of Insurance. Mention Breach of Contract and Bad Faith in both.
If your problem is not addressed then you may want to either file in small claims court or hire an attorney and file suit for Bad Faith.
Here is what you need to keep in mind before all of this... the replacement check would have both your names on it. Would you be able to cash the check without his signature?
Posted: Fri Aug 23, 2013 01:26 am Post Subject:
You can also address the matter as part of your divorce proceedings.
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