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Smh insurance

Discussion in 'Homeowners, Fire, Casualty' started by durden, Oct 9, 2018.

  1. durden

    durden Law Topic Starter New Member

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    Jurisdiction:
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    Hello, this is a property damage issue. The city I live in water department accidentally turned my water on and caused it to flood my home. Since the incident, I have been working with the water co legal dept while they conducted an investigation. After 3-4 months of investigating, they concluded they were at fault and was liable for the damages. However, they cannot pay until I go thru my insurance co first. Thus, they advised me to file an insurance claim with my homeowners insurance; the city said, if my insurance covers it (under the sudden and accidental) clsuse, then the city would pay my $1000 deductible and whatever else the insurance didn't pay. IF insurance did not cover it, the city would pay all damages. Now that I've file a claim with my insurance co, they are stonewalling me, and giving me the run around. They sent an adjustor out, did an investigation, and contacted one of the contractors whose estimate I provided to them. The contractor contacted me and said they received an "assignment" from my insurance co. The damages and repair were approximately $18,000. They went back and forth with the contractor and agreed on prices and work. Then out of nowhere, my adjustor said they are not going to pay, and have to conduct another investigation, but won't disclose exactly what is being investigated. They already have all of the documentation, 4 estimates, and my statement. Additionally, they said they would pay the claim, transfer my file to their subgorgation dept to recoup the monies from the city who actually caused the damages. I am perplexed. Isn't it practical and logical to conduct the investigation FIRST? not after you've talked to the contractor and approved the estimate? Something isn't adding up..
     
  2. army judge

    army judge Super Moderator

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    Maybe, maybe not.

    Your issues involves the sovereign (albeit in one its lesser forms, a municipality, still a sovereign), so most usual considerations are off.

    First and foremost, to sue the sovereign (translation = just to get the sovereign to the courthouse) one must first get the sovereign's permission to sue said sovereign.

    On the other hand, would that you wished to sue me, you'd simply file your lawsuit.

    If that crafty, cagey, old sovereign, is your target; you've got get it to agree.

    My next step would be to speak to my insurer and seek their counsel.

    Should the insurer wind up as perplexed as I am, I'd then consult with a couple, well respected property or government litigation attorneys.

    One last note for you, mate.

    It is the sovereign you're dealing with.

    I'd simply twiddle my thumbs, stay calm, and wait out the storm.
     
    durden likes this.
  3. zddoodah

    zddoodah Well-Known Member

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  4. durden

    durden Law Topic Starter New Member

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    Thank you for your response! We've gotten past the soverign immunity hump. The OCR (Ohio Revised Code) states that if an employee was negligent, while working, immunity does not apply.

    Political subdivisions have “limited” immunity, not “absolute” immunity.Sovereign immunity is a statutory creation, not governed by common law.I believe the Latin term “respondent superior” is appropriate here (let the master answer), because stature supersedes “rules and regulations”. I will take your advice and wait and see..
     
  5. army judge

    army judge Super Moderator

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    No problem mate, but if that were true, you'd have the damages repaired and be enjoying your updated digs.

    As it is, the sovereign in its municipality form is stalling you, sandbagging you, and nothing is done.

    Never trust the sovereign in any of its many forms.

    I don't trust the government.

    I have seen what the sovereign can get its minions to do to unsuspecting, trusting citizens.

    I hope you do prevail.

    Good luck.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    I'm not going to repeat myself. Go back to the site where I posted a response.
     
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  7. durden

    durden Law Topic Starter New Member

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    Thanks. Trying to get all the advice I can.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    At the risk of tooting my own horn, with 35 years in the insurance industry, my advice is probably the best you'll get short of paying an insurance attorney.

    :)
     

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