Here’s a question I was asked to answer on the United Policyholders website: 
Q. My home was contaminated by sewer on May 7 and again on May 22 this year by a prime contractor hired by a state municipality MSD Metropolitan sewer District here in Asheville North Carolina. From what I understand, this is a third-party claim. The insurance company has done absolutely nothing to help me. I have been dealing with this for the last four months with pretty much no progress until this past week. They sent their first offer on Friday which is not close to reality. Is this considered a third-party claim? I have a copy of the pollution liability policy and it does not say anything about how it will replace my contents, actual cash value or replacement cost, nor does it say anything about provisions for Additional Living Expenses. Is there a possibility that is in a different policy? I just had an environmental company do some sampling for mold and other airborne fungi to be sure this has not spread in other parts of the house because it's been so long with no cleanup and decontamination. I’d like to know if any of your professionals have experience dealing with third-party claims and sewer damage and mold contamination.
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I was watching one of the “Homeowners Policy & Claims Bill of Rights Working Group” meetings the other day when a segment of the meeting featured a homeowner couple who took the time to appear at the meeting and tell their story about their insurance loss and claim that resulted from an unfortunate fire in their residence.  These folks told the committee they wanted to share this experience in hopes that something good would come out of their very bad experience trying to deal with an insurance property loss on their own.

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Ran into an old friend and his wife at a restaurant we both frequent the other night. Bob is a property manager and my firm has not only represented his family but also some of the properties he has managed over the years.  I had not seen him for a few weeks and he reminded me of his call to me some weeks back about a water leak in his home. It seems the shower pan had given out and when the leak finally showed up, the damage was pretty extensive. He called his insurance agent who told him the water damage would not be covered due to the language the insurance lobbyists had recently pushed through about water damage that is over 14 days old.

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On September 11th last year, Rick and I flew to New York City for a planned meeting with Anderson Kill Loss Advisors, a group of the nation’s top public adjusters at the Manhattan law offices of Anderson Kill. The purpose of the meeting was to meet and discuss current events and future plans for this team of professional adjusters, whom we are proud to be a member.  Little did any of us know what would be coming a month and a half later. 
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Q. A pipe in my attic broke which caused flooding in a down stairs hall, bedroom and bathroom. When an assessment was done, mold was found. My policy has a cap of $5,000 on mold remediation. The contractor estimates for demolition and repair that are necessary to correct water damage have been categorized as mold remediation by my insurance company.

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Q. An insurance adjuster came and inspected our house for roof damage following a hail storm. He indicated that only part of the roof needed repair. In the process of getting off the roof, he slipped and caused some damage to the roof and to the gutters which he added to the coverage. I have heard but can't find documentation that in Alabama, if the adjuster creates damage the insurance company is liable for the full roof and not just the damaged portion. I would like to confirm this as fact or fiction?

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Q. My vacant property was vandalized (electrical, plumbing, bath & kitchen fixtures were destroyed). The insurance company denied my claim for vandalism as they considered theft was involved. Vandalism is a covered peril, theft is not. The definition of vandalism is not absolute (there are five to seven forms of vandalism, depending on the authority) and, there is no definition of theft given in the policy (nor will any representative provide one). One form of vandalism is that of acquisitive vandalism. Clearly when the value of the property damages exceeds 100 times the value of the petty theft, there would be a case for this form of vandalism. In this case the property damage estimate was $25,000 and the estimated value of the scrap wire and used fixtures was $200. Can a claim be successful based on the assertion that, barring a specific exclusion for acquisitive vandalism, the incident was in fact vandalism?

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Q. I own an apartment complex that got hit by lightning. It seems electronics in multiple units is randomly going out.  Does this make sense?  If I file a claim, it looks like it should have just hit one or 2 buildings instead of 8 or 9. Will I have trouble getting a proper settlement? Unfortunately, I just don't trust the insurance company. I had a fire once and they treated me like a crook. 

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