Insurance Litigation
Minnesota weather is notorious for causing property damage to our homes and businesses. Structures of any kind are damaged by hail, wind, falling trees or other storm related conditions. Most Minnesotans, whether individually or as part of a Community Association, carry property insurance to protect and pay for repairs. However, insurance companies many times look for reasons to exclude or deny coverage. We, at Thomsen Nybeck, have been working with homeowners and Community Associations for years in negotiating and/or challenging adjustments made by insurance companies for storm damage claims. As a result of this experience, we have been able to recoup for homeowners money needed to make repairs.
One of the most predominant issues between an insured and the insurance company is the amount of the damage; or said otherwise, what the insurance company has to pay for. The process by which the issue of the amount of damage is commonly addressed is called the appraisal hearing. Under the terms of most policies, the homeowner or the insurance company can demand an appraisal hearing if the amount of the loss cannot be agreed upon. The purpose of the appraisal hearing is to decide what is a fair adjustment for the damage caused by the storm. Each party will retain an individual that will advocate on their behalf. These persons are called "appraisers". They are not typical appraisers that determine property value. They are usually engineers or experienced adjusters that can identify and value storm claims. The parties' appraisers then will select an umpire. Again, this is not a person to call balls and strikes, but an expert in reviewing storm damage. The appraisers and the umpire, after hearing the evidence of damage and viewing the site, will make a determination of what the amount of the property loss adjustment should be.
What was first designed to be a simple process without the need for attorneys has escalated into a trial-like spectacle. Many times, the insurance companies are retaining legal counsel to assist them at the appraisal hearing. Therefore, going in without legal counsel sometimes can result in the homeowner losing thousands of dollars in coverage that might otherwise have been retained with the assistance of counsel. Regardless of the conclusion of the appraisal hearing, the insurance company might still withhold payment based on provisions in the policy, such as exclusions. To force the insurance company to adhere to its obligations under the policy, it may be necessary to bring a lawsuit to compel the company to make payment and demonstrate to the Court that there are no applicable exclusions. Due to the complexities that often are inherent with the claim process, if you are confronted with an insurance company that is short changing you in providing you the money necessary to repair storm related damage, you should contact one of the attorneys at Thomsen Nybeck.
