Legal Question in Insurance Law in California

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.

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

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1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You have to look at the check and the letter that came with it [and any forms such as a Release] to see whether it states it is in full settlement of your claim or not. It probably is for a full settlement as insurance companies rarely make partial settlements.

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Answered on 8/03/11, 4:55 pm

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