Legal Question in Insurance Law in Pennsylvania

Insurance company balks at payment

After storm damage, building was insured, I

hired sub-contractors more then three, different

trades.

So as the contractor you can charge 10% profit, 10%

overhead. This is standard and acceptable in this industry.

The insurance company refused to pay, saying because

we were a management company, they will not pay.

So when I file my suit what should I call it?

The head office said because we did not have a contactor

License in FL, where the building is, they will not pay.

Yet we reside here in PA, so where is the federal law

That would say we need this license?

Bad Faith? Failure to pay? Or?


Asked on 3/17/05, 8:12 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Insurance company balks at payment

Yes, it's customary, in the property insurance field, to add 10 and 10 to the subs total to allow for the general's costs and profits. But you're saying that you aren't using a GC, and you want to make a profit on the insurance claim.

Insurance is intended to cover ACTUAL losses. I don't think much of your claim, and I make my living suing insurance companies.

That's just my reaction. The case really would be subject to Florida law, because that's the loss location, unless your policy specifies some other state's law.

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Answered on 3/18/05, 9:06 am


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