Have you had a home owners insurance claim and felt like you did not have your property fully restored to its original condition?
Hello frustrated home owner,
My name is Dan and I am the lead plaintiff that is collecting supporting evidence to form a class action lawsuit.
I’ve been working in the building products industry as a Director of Marketing for nearly 12 years. I had a tree fall on my garage and thought I didn’t have anything to worry about.
I quickly found out that would not be the case and many insurance companies strong arm home owners into settling for less than they are rightfully owed to properly restore their property to original condition.
Here’s my story:
My insurance company was quick to send an independent adjuster out to get my claim started.
I was advised to have my contractor on site to point out the damage. My contractor discussed the damage with me prior to the adjuster arriving and gave me a ball park figure of what the damage was going to cost.
The independent adjuster showed up promptly with a tablet and started to measure my garage and take pictures of all the damage.
Next the adjuster got online with a claims representative to verify the damage on premises and get my claim started. The claims representative said he’s working on my estimate and he would have it to me in a few hours.
I thought… great this is going smoothly and I should have my garage restored to original condition in no time.
The claims representative contacted me and said he emailed me a copy of their estimate for the scope of the work.
To summarize the damage that occurred to my garage a tree fell on the roof that was approximately 18″ in diameter. The tree punctured the roof, snapped all the roof trusses and fractured several roof rafters, bowed the back wall out significantly and de-laminated the plywood roof sheathing from the impact and Ripped down the electrical service line to the garage fed from the house.
My insurance estimate came back with slightly over $4,800 to rip off the roof shingles, plywood, remove broken trusses, haul away debris and of course install new trusses, roof sheathing and new shingles. They completely neglected to add any compensation to restore the electrical service to the garage.
All of this work they only accounted for one person to do all the work. Their estimate was for less than half what my contractor estimated. I realized quickly this was going to be an issue.
Upon further examining the insurance companies estimate I noticed they were only compensating me for OSB roof sheathing when their adjuster clearly took pictures that I had plywood (twice the cost of OSB).
Their estimate was only compensating me for 3 tab shingles which are a cheaper inferior shingle compared to my lifetime architectural shingles that are on my garage, again their adjuster took pictures of the shingles I have.
The labor they were compensating for was for one person to do all the demolition, framing and roofing work on a 27′ x 27′ 2 car garage. Apparently I’m supposed to find a superman contractor that can lift and install 27 foot trussess all by himself.
I tried calling several contractors to see if any of them could come close to their estimate. I was laughed at and told you can’t buy the materials you need for that amount.
It was hard to even get a contractor to show up once they heard who my insurance company was. Most of them told me oh you have the Deny, Delay and Defend company good luck getting your claim paid I was told.
In addition I was told their estimate only compensating for one worker would violate the OSHA Lone Worker safety regulations. In addition since the roof is over 6 ft workers would need to be wearing safety harnesses. This ads to cost and time required to ensure the workers are safe.
When I brought all these issues to my first adjusters attention I was told this is all they can do for me and I felt as if I had hit the end of all options. My insurance company was trying to force me to settle my claim for way less then it would cost to fix my garage. At this point they were clearly failing to properly indemnify me.
The adjuster would not give me an answer on why they would not replace my garage with plywood and architectural shingles like I have currently.
Many homeowners give up and settle for lesser grade building materials that devalue your property and can even leave your family at increased risk for injury in hurricane and tornado prone areas.
In addition inferior building products that are cheaper for the insurance company may not offer the same durability and lifespan as the original building materials that were on your home.
This can leave you incurring large expenses to replace them sooner than you should have when they don’t last as long.
I was also told by mt insurance company that I did not have code enhancement on my policy, my agent never informed me of what code enhancement was and as a result I could be responsible for thousands of dollars in repairs.
My insurance agent recommended an umbrella policy due to the fact that I own almost 50 acres and if anyone was trespassing and got hurt I could be sued. I gladly signed up for that policy. Had I been offered code enhancement (which I’ve been told now is usually around $50 I would have added it).
This is my third house insured with this insurance company. I’ve never had any claims and I never knew an insurance company could not restore your house with a mortgage on it to not meet today’s building codes.
This could leave homeowners responsible for tens of thousands of dollars, upside down on their mortgage and homeless. This is clearly of no benefit to the homeowner and just another way for the insurance companies to save themselves thousands of dollars per claim.
I plan on creating a government petition to try and make this practice illegal.
On this website I’ll be giving hundreds of examples on ways insurance companies can fail to properly indemnify you with cheaper building materials.
I will have many building material experts helping that may be called upon once this moves to a class action.
My claim after two months is still not paid, I have lost countless hours from work and have continued to get the run around from my insurance company.
They now want all my contractor estimates 100 percent itemized with every nail, screw, bolt, wire, wire nut and etc… that will be used. So they can determine if the estimate is accurate. Their estimate has never been accurate however so I know where this is going.
The problem is I’ve been told by numerous contractors they don’t write estimates that way as it would take them far too long. These are delay tactics insurance companies like mine are known for.
This class action will not be limited to a single insurance company if you feel you have not been properly indemnified for a claim on your home please submit your case.
My insurance company has low balled and completely neglected compensation for large aspects of my repair. These tactics on one simple claim would save them over $10,000 on one simple claim.
They use these strategies on every claim and pocket hundreds of millions and this websites purpose is to collect as much evidence of this so we can push it to the largest class action lawsuit to hit an insurance company yet.
As a marketing director I’ve helped organize a class action and target consumers that have been victims in the past. Facebook targeting as well as Google and many other mediums make it incredibly easy and cost effective to Geo target Hurricane areas and many others where insurance companies cut corners to save themselves money.
In order for a judge to approve this as a class action we need an experienced law firm large enough with a proven history handling class actions against insurance companies. We have the law firm picked out that meets this criteria we just need you to submit your evidence which will not cost you anything.
Please submit your case and upload as many photos documenting your case.