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re: Need to sue my homeowners insurance, denied lightning strike claim.

Posted on 4/13/22 at 2:55 pm to
Posted by LSU82BILL
Fort Lauderdale, FL
Member since Sep 2006
10855 posts
Posted on 4/13/22 at 2:55 pm to
quote:

If they are using that clause then lightning wouldn’t be covered anyway since it originated in a cloud off-premises…..see how dumb that argument is?


But he's got a dead tree and a witness that saw the strike on his premises. That's not the same as an artificially generated surge that originated off premises.
This post was edited on 4/14/22 at 3:02 pm
Posted by Diseasefreeforall
Member since Oct 2012
7196 posts
Posted on 4/13/22 at 3:20 pm to
You can always call different attorneys, ask them about it and go with the one who you think gives you the best answers.
Posted by Lightning
Texas
Member since May 2014
3118 posts
Posted on 4/13/22 at 3:31 pm to
Florida Law Firm Discussing How to Prove Lightning Claim

It's in Florida but still good info. Get a public adjuster to come out.
Posted by HangingWithMrCooper
The Bay Area
Member since Aug 2017
187 posts
Posted on 4/13/22 at 4:15 pm to
If you are in BR Attorney Heather Cross works mainly with businesses dealing with insurance claims but I know she has done residential/personal suits as well.

You can Google her.
Posted by Civildawg
Member since May 2012
10234 posts
Posted on 4/13/22 at 4:17 pm to
The usernames in this thread continue to impress
Posted by meansonny
ATL
Member since Sep 2012
26041 posts
Posted on 4/13/22 at 4:31 pm to
Good read. Thanks for the share.

I presume the dead tree has char from the lightning hit (without the help of any accelerants)?
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
6628 posts
Posted on 4/13/22 at 9:10 pm to
I am an insurance agent, and assist clients weekly with the bullshite initial denials of claims.

My advice:

A) Attorney prob ain’t touching a $10k claim

so

B) Get licensed electrician to write up estimate to fix things, including a statement that lightning struck home

C) Get tree service to state that lightning struck tree, and cost to remove tree

D) Get written statement from neighbor about tree

E) Go to Amazon or wherever and take screenshots or fill cart with all damaged appliances and electronics. Total it up.

F) Compile neat email with above docs/pics to adjuster and your worthless agent, with your claim number in subject line. Type “URGENT” as well in subject line. Within body of said email, tell them you’re giving them 72 hours to review claim. If you do not hear from them, you will file a complaint with the LA DOI.

Sorry you’re having to go through this.


Also, please ensure you have “equipment breakdown” in your policy. If not, there is room to deny. My agency doesn’t issue a policy without it.
Posted by lsu5803tiger
Democratic Republic of the Congo
Member since Feb 2006
1783 posts
Posted on 4/13/22 at 10:40 pm to
I was in the same situation with my ac unit. The insurance company initially denied the claim. I gathered all the evidence I could and became a pain in the arse to the guy who was handling my claim, eventually they paid.
Posted by meansonny
ATL
Member since Sep 2012
26041 posts
Posted on 4/13/22 at 11:08 pm to
quote:

Also, please ensure you have “equipment breakdown” in your policy. If not, there is room to deny. My agency doesn’t issue a policy without it.

How does equipment breakdown change a lightning peril?
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
6628 posts
Posted on 4/14/22 at 4:59 am to
quote:

How does equipment breakdown change a lightning peril?


Broader policy that includes electrical surge.
I don’t want any carrier giving grief and trying to wiggle out of a claim.
Posted by meansonny
ATL
Member since Sep 2012
26041 posts
Posted on 4/14/22 at 7:31 am to
quote:

Broader policy that includes electrical surge.
I don’t want any carrier giving grief and trying to wiggle out of a claim.

So it changes nothing for a lightning strike claim.
Posted by Tiger Prawn
Member since Dec 2016
25176 posts
Posted on 4/14/22 at 7:39 am to
quote:

So it changes nothing for a lightning strike claim.
No, but it eliminates the “power surge that originated off premises” denial that OP is trying to fight
Posted by Twenty 49
Shreveport
Member since Jun 2014
20864 posts
Posted on 4/14/22 at 9:46 pm to
McClenney Moseley & Associates Is in Houston, but they have at least one Louisiana attorney (Reynaud) who is a partner. They represent people who have claims against their own insurance company for fire, storms, etc. They call this a “first party” claim in the business.

I don’t know anyone there, but I’ve seen a bit of their work, in Louisiana, and they look to be legit. Perhaps worth a call if you decide to go that route.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50939 posts
Posted on 4/15/22 at 12:12 am to
Did you get a copy of that report on the lightning strikes? The National Weather Service, a US government agency, states that:
quote:

Lightning can travel 10 to 12 miles from a thunderstorm
If there was lightning within 10-12 miles from you, you have written government documentation that says it could have struck your property.

NWS re: lightning

You can get another company's lighting report here.
This post was edited on 4/15/22 at 12:23 am
Posted by Sonic Boom
Lafayette
Member since Dec 2009
108 posts
Posted on 4/15/22 at 10:13 am to
Thanks to everyone for the great information. I feel like I’ve got a better shot at recovering some funds due to this boards help.
Posted by SquatchDawg
Cohutta Wilderness
Member since Sep 2012
19190 posts
Posted on 4/15/22 at 6:45 pm to
quote:

Within body of said email, tell them you’re giving them 72 hours to review claim. If you do not hear from them, you will file a complaint with the LA DOI.


Best response. You have ample evidence that this was a strike so threaten with a complaint to the DOI.
Posted by tigersint
Lafayette
Member since Nov 2012
3568 posts
Posted on 4/15/22 at 7:26 pm to
Enter thread Chainlink
This post was edited on 4/15/22 at 7:27 pm
Posted by MDTiger 13
Member since Nov 2010
1043 posts
Posted on 4/16/22 at 12:39 am to
Get an attorney that has some sort of experience with insurance companies. I had the same thing happen to me about 6 years ago, and Safeco called me with some garbage story that it didn’t look like it was lightening even when the adjuster too pictures of arc marks etc. Family member is attorney and works a lot with insurance companies and is familiar with their excuses, ways to back out, etc. One call and letter from him and they were begging me to take the check. Absolute garbage we pay so much money every year hoping we never actually need it, and when we need a small fraction of what we’ve paid they fight tooth and nail to keep it away from us
Posted by FLObserver
Jacksonville
Member since Nov 2005
15821 posts
Posted on 4/16/22 at 7:31 am to
quote:

Absolute garbage we pay so much money every year hoping we never actually need it, and when we need a small fraction of what we’ve paid they fight tooth and nail to keep it away from us


To top it off they usually raise the price of insurance every year and like many others including OP finally file a claim and you are denied or lowballed.
This post was edited on 4/16/22 at 6:58 pm
Posted by rattlebucket
SELA
Member since Feb 2009
12588 posts
Posted on 4/17/22 at 6:26 pm to
As some have mentioned go public adjustor/appraisal route. Be warned it’s a very slow process. We got hit by a storm march 2021. They denied twice while water poured from our roof in 4 places. Went appraisal process with public adjustor and finally reached a settlement Oct 2021. Never dealing with AllSnake again
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