California  |  Insurance Law

Legal Question

Asked on: 8/03/11, 2:33 pm

My house was robbed while I was out of town about a year ago - just about everything in the house was taken - completely cleared out. I submitted a claim to my insurance company, and after months of fighting with them, they sent me a check for just over $8,000. They said they won't pay more since I don't have recepts for all the items I owned in the house.

I hired a public adjuster who demanded an appraisal and the panel said my property was worth $109,000. The insurance company won't pay the rest of the money, since there aren't receipts to prove i owned everything, and I am going to have an attorney sue them.

My question is whether I can cash the check for $8,000 and still sue the insurance company, or whether I need to return it until they pay the full amount? Would i be able to go ahead and sue them for the rest of the money if I accept the partial payment?

Thank you.

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