
Thomas Waitt Pleasant recently settled a fire insurance unfair claims practices case for a client, getting insurance money in an amount that almost doubled what the insurance company originally claimed was due to the homeowner/policyholder. The insurance company ended up paying a total of about $253,000.00 just for the home repairs -- an amount about double what the insurance company originally claimed the repairs would cost.
The home of Mr. Pleasant's client burned on Christmas Eve 2005, when a small portable heater tipped over. The house was uninhabitable. There was no allegation of arson. Plaintiff notified the insurer of the claim on Christmas day. In February 2006, the insurer produced and proposed a dwelling repair estimate from its subcontractor adjuster totaling approximately $123,000.00. Plaintiff contended that this estimate was inadequate and incomplete, and the insurer later acknowledged thiis.
The insurance company’s subcontractor-adjuster re-inspected the dwelling in May 2006, for the purpose of revising the first estimate. This subcontractor-adjuster was terminated by the insurer in approximately June 2006, having never revised the estimate. In October 2006, after Plaintiff retained counsel, and over eight months after the loss, the insurer paid the undisputed amount (approximately $123,000.00), based on the first estimate.
The insurer then had a second subcontractor-adjuster inspect the dwelling. This second adjuster produced and proposed a dwelling repair estimate of approximately $124,000.00 (only about $1,000.00 greater than the first estimate). The insurer took the position that this estimate was accurate, and paid the difference between this new estimate and the undisputed amount previously paid. Mr. Pleasant filed suit on the plaintiff's behalf, claiming damages related primarily to the alleged underpayment on the dwelling claim. Plaintiff alleged breach of contract, unfair and deceptive trade practices, tortious breach of contract/bad faith, and other claims.
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