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Please, I need your expert advice! I sold a home to clients, they spent 8 months remodeling, fire breaks out, their insurance co. will not forward money for necessities or even a rental, WHAT DO THEY DO??? IS THIS LEGAL???

By
Real Estate Agent with Re/Max South County

My clients and personal friends, purchased a home "as is" about a year ago - they made necessary repairs, updates, etc., using licensed contractors.  They left for work one morning to hear there home was on fire, upon returning, the fire Marshall was conducting "an investigation" to make sure non suspicious origin. 

My friends are business owners, members of community, with 2 daughters in high school.  They not only were in shock because of the fire, but because of what has transpired since the fire.  Their local insurance company who they have supported for years, will not issue ANY money for necessities, a rental or supplies for everyday living.  REASON:  The fire Marshall has not ruled out arson yett.  In the meantime, they stayed at a neighbors home, who graciously offered it for a few nights, while they vacationed in FLORIDA.  But the Realtor of the vacation home said that the rent would be $3000?  Is that fair market value for this area?  NO!  Will the insurance company pay for them to stay there?  NO!  Now they have no advanced funds for clothes, computer (for work), food, rental, they ask me WHY DO WE HAVE INSURANCE?  IS THIS THE NORM?  Is this how all "SMALL TOWN" insurance companies work or are they"being treated unfairly?"  What is the norm when one has a fire and must leave their home and lose their possessions?  Doesn't the insurance company step in, give you a check, then "figure everything out later"  - Is this normal that one should not only lose their home but be treated as a criminal because the Fire Marshall can not find the cause of the fire???  Please can someone guid them and advise them what they should be doing?  Call the local media?  They have retained an attorney, but what do they do in the meantime???  Please I ask for your help for these kind people, who are being treated unjustly, by their insurance company!  Any and all advise will be forwarded to them directly.  Thanks for your help!

 Thank you for any advice you can provide my friends. They are devastated!!

Posted by
Sandy Bliven, your 24/7 e-PRO Concierge!
Named #1 Realtor in State RI for Coldwell Banker 2011 & Recipient of"The Circle of Excellence Award" - 3rd Top Producer in South County and e-PRO Certified Concierge.
I am available to my clients 7 days a week. My services do not end after the closing.
Diane Lombardino
Keller Williams Realty of Jupiter - Palm Beach Gardens, FL
I am not an expert but in my area one would seek help from family and friends first and then local agencies.  If there are no options with family and friends, call the Red Cross and other emergency agencies or even government agencies for help.  After they have secured temporary shelter and necessities, they can look into their options.  I know this won't help them now, but all insurance policies should contain a temporary housing clause.  I learned this in the 2004 hurricanes in Florida.  It is important for everyone to review their insurance policies.  I wish your friends the best of luck in sorting this all out.
Apr 19, 2008 11:46 PM
Diane Bell, Hilton Head Real Estate, Bluffton
Charter 1 Real Estate, Hilton Head, Bluffton, SC - Hilton Head Island, SC
I'm sure things will work out but how irritating for the family.  They should probably consult an attorney asap.
Apr 19, 2008 11:53 PM
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com
Sandy, well this is how insurance companies treat their so called clients. Come down South to where the Hurricanes hit in 2005. You will see how insurance companies will ruin you in a heart beat. If the insurance companies would have paid, as contracted. Then  FEMA and the goverment agencies would not been ask to step in with money. I hope your friends get quick answers. From my own experience their troubles have just started. God Speed. I am still fighting for money due as stated in my policy from cover damages.
Apr 20, 2008 12:05 AM
June Piper-Brandon
Coldwell Banker Realty - Columbia, MD
Creating Generational Wealth Through Homeownership
Unfortunately, this is normal.  Many insurance companies will not pay out until suspicious circumstances are ruled out.  Contact the local Red Cross, the local churches any community organizations that help others out can assist with their dilemma.  
Apr 20, 2008 12:09 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate
Terrible, when we had a power outage we had to get the repairs, save the receipts and submit them. Then they didn't cover everything, like TV's. There is always a clause in the policy that they cover their butts on. I'll take it as a loss on this years taxes. But, what a hassle. They also didn't cover interest on my card,waiting 5 months for the settlement to occur. Melissa Grant had a fire too, but they did put her in a hotel with her husband. It was over Christmas. 
Apr 20, 2008 12:32 AM
Melissa Grant
A Serendipity World - Greenbackville, VA
The Law of Attraction In Life & Business

Sandy, I am so sorry to hear about this. My family and I had a fire back in December and I just settled our claim. Here are some immediate steps :

Does their policy contain Additional Living Expenses ?

Do they have replacement cost or depreciation ?

As for arson...this should be a quick process, what the insurance company is waiting on is the fire Marshall to say the owners are not a direct cause, not even by negligence but by intentional.

I can tell you for me it seemed like eternity before I received anything. The first 3 weeks of the hotel were paid out of our pocket then later got reimbursed...I also placed several calls to the insurance commissioner. Eventually we received a check for my son's bedroom which was a total loss. All depreciated value. We also hired service master to come in to clean and remove other smoke damaged items ( I do NOT recommend service master ) 6 weeks later , still wasn't done and I ended up doing over half of it myself ! A fire feels like you have traveled from hell and back and then back to hell again...

There were a lot of things the Ins. company said they wouldn't pay for and didn't and I have an Attorney looking into those things. They need to save EVERY Receipt. For example, they wouldn't pay for the cloths I had to buy while the Cleaning Company took ours to determine what could be saved or not. We had only the cloths on our back..they said because we would keep the cloths we bought..they wouldn't pay for them...when I had to buy all new Christmas decorations, they said that wasn't considered additional living so I didn't get paid for that either....their are a lot of things I did get paid for that they wouldn't have offered had I not pulled out my policy and read it to them. This is something your friend really needs to do. Pull the policy out and know it inside and out ! It's powerful stuff !

Insurance Companies want to cover their tails period. They don't care how long you have paid or how great your payment history is. Please feel free to call me I am more than willing to help any way that I can. 931-210-8277 that is my direct cell.

 

Apr 20, 2008 12:57 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA
Get an attorney.
Apr 20, 2008 03:31 AM
Ann Sabbagh
Seacoast Mortgage Corporation, RI (20021119LB & 20031576LL), MA (MC2107) & CT - Pawtucket, RI
President, Sr. Loan Officer

Sandy,

How unfortunate!  I think contacting a local television station's consumer reporter would be an excellent idea to attract the attention of the insurer and others who can help. Remember the old adage: "the squeaky wheel gets the grease!".  Start "squeaking". 

Nice to know they have someone on their side who cares.

Good luck to all!

Apr 20, 2008 09:14 AM