Whether you’re a homeowner or a tenant, if your property has suffered from damage caused by a fire, you may be entitled to a claim for structural damages. If you’re not sure how to go about pursuing this claim, you should contact a qualified housing disrepair solicitor.
Allstate’s denial of the claim
Despite the massive water damage, Allstate disputed the claim for structural damages. It sent a ServiceMaster to the home to evaluate the damage. The ServiceMaster reported that the walls were mouldy, the carpet was soaked, and the cabinetry was swollen.
In a statement of defence, Allstate argued that it acted in a reasonable manner and that it was not acting with malice. It also argued that its denial of the claim for structural damages was justified by the AGRA report.
Plaintiffs assert that Allstate acted illegally in denying the claim for structural damages. They allege that Allstate knew about the engineering reports on the property. They also argue that Allstate failed to retain an impartial third party to reconcile the inconsistencies between the engineering reports.
Allstate brought a motion for partial summary judgment on the basis of the “genuine dispute” doctrine, which allows an insurer to avoid liability in an insurance claim where the insurer’s conduct is legitimate and reasonable. However, the Court finds that the Plaintiffs fail to raise triable issues of fact regarding Allstate’s bad faith.
Trinity’s method of proving damages
Defendants assert that Plaintiff Trinity’s claim for structural damage is speculative. Defendants also argue that the claim must be barre under the economic loss rule.
Plaintiff Trinity argues that the claim is speculative because Trinity did not know how much structural damage occurred in the building and did not know the exact cause of the damage. Trinity also claims that the court’s formula for calculating back pay is flawed. Trinity also challenges the determination of attorneys’ fees. Trinity’s appeal of the determination of attorney’s fees is denied.
Trinity is a closely held company owned by shareholders Ki Young Ham and Jong Young Ham. Trinity manufactures fibreglass doors and door lite frames. Trinity also sells and installs fibreglass doors. Trinity is in contractual relations with LG America. LG America provides the doors for Trinity’s facilities.
Trinity claims that a foundation failure resulted in structural damage to the building. Trinity’s chief engineer, James A. Riddle, first noticed cracks in the building structure in 1988. Trinity employees thought the cracks were cause by the building settling.
Allstate’s continued dialogue with the plaintiff after the March 26, 2011 inspections
During the April 27 tornado, dozens of tornadoes struck Alabama. Plaintiff Watwood purchased an insurance policy with Allstate for his cabin. The insurance policy covered more than $100,000 in damage. The insurance company had not yet inspected the cabin when the tornado hit.
Allstate engaged Pilot Catastrophe Services to help adjust the claim. At one point, a tree fell on the electrical service line. Pilot Catastrophe Services knew this. However, it did not engage an engineer to inspect the cabin. It also did not investigate the condition of the cabin prior to the storm. It engage an adjuster and agreed with the adjuster that the interior lifting floor and cracking trusses were not cause by wind.
However, Allstate did not discuss the pre-storm condition of the cabin with the purported purchaser or renter. It also did not talk to the home inspector hired by the realtor to do an inspection of the cabin. Allstate failed to engage in a fair investigation of the cause of the cabin’s damage.
How to Make a Housing Disrepair Claim
Housing Disrepair claims can be made against your landlord if your rental property is in a state of disrepair. These cases usually involve health and quality of life problems that are caused by the condition of the property. If you are a tenant, you should contact a housing solicitor as soon as possible if you believe your rented property is in disrepair. You can even take legal action if you are forced to move out because of the condition of the property.
When dealing with landlords, it is important to communicate clearly with them to ensure that they are responsive and make the necessary repairs. You should also attach pictures that show the extent of disrepair and request that the landlord make appropriate repairs. You should also keep a record of all correspondence with your landlord. Include the date and time of each correspondence. If you are not satisfied with your landlord’s response, you should consider contacting a housing disrepair claims lawyer to make your case.
Once you have made the decision to pursue a claim, you should follow the protocol carefully. Generally, landlords must fix serious disrepairs within two weeks. You can also ask for a Service Level Agreement from your landlord to ensure that your rented property is in the best possible condition.
