Legal Question in Insurance Law in North Carolina

Flood coverage battle

We were hit by TS Fay in August. Damage was not to the inside of the house, only exterior. We had 54.5 inches of water (measured by the County on the side of my house) and our garage has lots of damage, as well as all duct work and insulation. electrical meter was underwater as well.

We filed claim (we carry flood coverage) immediatly. I spoke to the insurance about having water pumped from crawl space as well as having all insulation removed and new duct work installed.

The insurance agency is stating that thhe damage is probably not all covered and we have been told to stop all work. We still need the garage doors (this was a new garage) replaced and insulation installed.

Do I need an attorney for this? I have spent at least 40 hours away from work due to this issue. Only 1 call has been returned from insurance company, while I have called over 20 times - sent faxes and made request for information - yet I have very little at this point.

At a loss here (pun intended).


Asked on 9/24/08, 6:05 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Flood coverage battle

At this point, you may want to consult with an attorney about this. An attorney would have to carefully review your insurance policy language, as well as the facts of your case. If there is coverage, then there are ways of putting pressure on the insurer to pay. The insurer also has statutory duties to respond to your inquiries, and theoretically the insurer could be held liable for punitive damages of they are not responsive.

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Answered on 9/24/08, 8:08 pm


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