As a homeowner, you pay hundreds or even thousands of dollars every year for the peace of mind provided by insurance.  In return, you expect that when something bad happens, the insurance company will be there for you.  Unfortunately, that is not always the case.  

I HAVE SERIOUS DAMAGE TO MY HOME.  HOW CAN THE INSURANCE COMPANY REFUSE TO PAY?

We often assume that our homeowners' insurance will cover any damage to our house.  But everyone's insurance is in fact provided under a long and often surprising series of conditions in an insurance policy.  Insurance companies are very skilled at finding reasons to refuse to pay hidden in their policies.

IS THERE ANYTHING I CAN DO?

The Lynn Law Firm provides free consultations on homeowners insurance denials.  Call us at 315-474-1267 or email info@lynnlaw.com.  

Homeowners often learn that an insurance company is refusing to cover a loss when they receive a denial letter from the insurance company.  The denial letter will generally identify provisions of the policy the insurer believes allow it to avoid coverage and, in many cases, describe why those provisions are relevant to the loss.  

Once a homeowner receives a denial letter, the next step in trying to get the insurance company to cover a loss is often to initiate a lawsuit.

MY INSURANCE COMPANY SAYS THE HOUSE IS NOT MY "RESIDENCE" - WHAT DOES THAT MEAN?

Recently, insurance companies have denied many homeowners' claims by contending that the home is not a "residence" (or "dwelling") as provided in the policy.  Insurance companies have argued that a person who rents a portion of his or her property, or who is temporarily away from the property to assist a sick relative, or who spends part of his or her time in a different house, is not using the home as a residence premises.

These denials are complicated and highly fact-specific, and often must be resolved in court.

    WHAT HAPPENS IN A LAWSUIT AGAINST MY INSURANCE COMPANY?

    • A lawsuit against your insurance company begins with the filing of a complaint, which sets out the factual and legal bases of your claim.  If you have retained an attorney, the attorney will prepare this legal document with your input.
    • The insurance company will then file what is called an "answer," responding to the allegations in your complaint.
    • After the answer, both sides will have the opportunity to engage in a practice of discovery.  The insurance company's lawyers will demand that you produce documents relating to your claim and, potentially, many other things.  You will also be able to request documents from the insurance company and, potentially, other individuals or companies that might have relevant information.  In many instances, these documents are key to a successful case.
    • Next are likely to be a series of "depositions" or "examinations before trial."  You will likely be examined under oath by an attorney representing the insurance company.  Your attorney will likely examine representatives of the insurance company and, potentially, others.
    • Once discovery is done, one or both sides may make motions arguing that the case should be decided in their favor.  Insurance companies often file motions seeking to have these cases thrown out before they are presented to a jury.  
    • If the court does not decide the case on the basis of motions, it will then proceed to trial.  

    what does the lynn law firm do for me?

    We begin by talking with you.  Every case is different, and it is crucially important that we and you understand the specifics of your denial and proceed in the way that is best for you.  That consultation is entirely free, and comes with no obligation on your part.

    After the initial consultation, you may retain us on a contingency basis.  This means that we will not charge you anything unless (and until) you receive a recovery.  We will also advance the expenses of your case as it moves forward.  These expenses may include costs such as government filing fees or expert fees.  These expenses will be reimbursed out of any recovery.  We never charge you for the simple clerical expenses of running a law office, such as long-distance telephone calls, small copying jobs, or postage.

    Once retained, we will represent you in all phases of your dispute with the insurance company.  We will, for example, prepare you for and accompany you to your deposition.  We will help you in preparing responses to the insurance company's discovery demands.  We will demand materials from the insurance company, and then depose their representatives.  We will respond to any motions filed by the insurance company and, if we believe it to be in your strategic benefit, file motions on your behalf.  We will represent you at trial.  Should there be appeals of any judgment, we will work with you to determine the best approach.