Know Your Rights With Property Insurance Claims

home insurance

Navigating property insurance claims can be challenging, particularly without a solid grasp of the rules and procedures that guide the process. Contractors must have a thorough understanding of the entire property insurance claim lifecycle to navigate it effectively and manage claims, ensuring smoother resolutions.

鈥淟et鈥檚 talk about what really happens,鈥 said Darrick O鈥橠ay, lead public insurance adjuster and founder of Pine Hills Property Claims. He brings over two decades of construction experience to the table, and his approach is rooted in hands-on knowledge. He knows that insurance claims are rarely as straightforward as they look on paper.

A 鈥榮imple鈥 claim

A simple claim should go like this: a loss happens, the property owner files a claim, and the insurance company inspects the damage and makes a fair decision. If approved, payment follows, and the work gets done. But is that just a fantasy?

O鈥橠ay said, 鈥淭hat鈥檚 all based on good faith and fair dealing. What actually happens? Usually a wrongful denial.鈥

O鈥橠ay is quick to acknowledge that not every denial is malicious. Discrepancies happen. But once a denial is issued, the policyholder has a choice: Walk away鈥攐r stand on the policy.

Standing on the policy: your duties after loss

Before an insurance company is obligated to do anything, the policyholder must fulfill what鈥檚 known as their 鈥渄uties after loss.鈥 O鈥橠ay emphasized how critical this step is鈥攁nd how often it鈥檚 misunderstood.

鈥淢ost people think the insurer has an obligation to jump in and fully investigate and pay out,鈥 he said. 鈥淏ut most policies are retroactive. You鈥攖he insured鈥攈ave to act first.鈥

That means protecting the property from further damage, documenting repairs and expenses, cooperating with investigations, and preparing an inventory of loss. 鈥淭hey鈥檒l want documents,鈥 O鈥橠ay said. 鈥淭hey鈥檒l want records. They might want an examination under oath. And yes, sometimes what they ask for feels unreasonable.鈥

Still, he advised clients and contractors to comply, document objections, and continue moving forward. 鈥淯ltimately, it鈥檚 not your call to decide whether their process is fair. Let someone else鈥攍ike an attorney or public adjuster鈥攎ake that case later.鈥

Get the certified policy鈥攁nd read it all

O’Day stressed that one of the most critical tools in this process is the certified copy of the insurance policy. This is not the one agents email clients or a brochure, but a certified copy. 鈥淚t鈥檚 longer,鈥 O鈥橠ay said. 鈥淚t鈥檚 denser. But it鈥檚 the only version that matters.鈥

Why? Because every clause in the policy can alter another. 鈥淚nsurance policies are like legal riddles,鈥 he explained. 鈥淚 highlight them in five colors. Green means you have coverage. Pink means it鈥檚 gone. Blue? Maybe it鈥檚 back.鈥

Even then, he noted, a certified copy is only as complete as the insurer allows. 鈥淚鈥檝e had companies certify policies that are still missing pages,鈥 he said. 鈥淏ut at least you鈥檙e on record relying on what they gave you.鈥

Valuing the loss

Once a policyholder has their certified copy, the next move is preparing an itemized valuation of the damage. This is where contractors often get involved鈥攂ut there鈥檚 a limit.

鈥淵ou can research local code,鈥 O鈥橠ay explained. 鈥淵ou can estimate costs. But you can鈥檛 interpret coverage or apply policy exclusions. Only public adjusters or attorneys can do that on someone else鈥檚 behalf.鈥

That itemized valuation feeds into the 鈥減roof of loss,鈥 a formal demand under the policy. Some states require insurers to respond within 30 days. Others? 鈥淭here鈥檚 no teeth,鈥 he said. 鈥淏ut even then, filing it is critical. Until you do, your insurer has no duty to pay. The clock doesn鈥檛 even start.鈥

Release the undisputed money

One of O鈥橠ay鈥檚 favorite tactics is to remind insurers that if they鈥檝e agreed to a certain value, they must pay it鈥攔egardless of what鈥檚 still in dispute.

鈥淚f you say, 鈥榠t鈥檚 $138,000,鈥 and I say, 鈥榠t鈥檚 $300,000鈥欌攇reat,鈥 O鈥橠ay said. 鈥淵ou still owe me the $138K. Pay it. That part鈥檚 not in question.鈥

That same logic applies to checks that come before restoration contractors get involved. 鈥淯nless the check has a legal release written on it, cash it,鈥 he advised. 鈥淗olding it doesn鈥檛 give you more leverage. It just lets them hold onto your money longer.鈥

When to push further

When insurers partially or fully deny a claim, the key is understanding what kind of denial you鈥檙e dealing with. 鈥淎 partial denial means they鈥檙e acknowledging some damage,鈥 O鈥橠ay said. 鈥淎 full denial means they say nothing happened at all.鈥

That difference shapes your path forward. From there, policyholders can push for revisions, file complaints with the state, or trigger dispute resolution clauses like appraisal, arbitration, or litigation.

鈥淎nd yes, once you鈥檙e in those lanes, things slow down,鈥 he admitted. 鈥淐laims move at their own pace. Sometimes it鈥檚 fast. Sometimes, it鈥檚 like molasses. But you must follow the process.鈥

The roles of contractors and policy adjusters

O鈥橠ay was clear on the limits of contractor involvement. 鈥淵ou鈥檙e not allowed to negotiate a claim on someone else鈥檚 behalf unless you鈥檙e licensed to do so,鈥 he said. 鈥淏ut you can advocate for your own invoices and question decisions.鈥

He encouraged contractors to ask tough questions when adjusters try to dispute line items: 鈥淲here are you calling from? Did you inspect the job? What are your qualifications? No? Okay, well then, we鈥檒l proceed accordingly.鈥

He also stressed the importance of separating mitigation from rebuild in your documentation鈥攅specially when policy caps are in play. 鈥淟abel things clearly,鈥 he said. 鈥淢ake it easy for someone reviewing the file to say, 鈥楾his was an emergency. This is covered separately.鈥欌

AI and the future of claims interpretation

When asked about using AI tools to interpret policies, O鈥橠ay didn鈥檛 shy away. 鈥淐hatGPT is a sword,鈥 he said. 鈥淚n the hands of a master, it鈥檚 powerful. In the hands of a novice? Dangerous.鈥

He encouraged the use of AI for insight鈥攂ut warned against treating its output as legal or binding. 鈥淯se custom prompts,鈥 he explained 鈥淯nderstand the definitions. Remember, some words are defined in statute, some in case law, and some in the policy itself.鈥

鈥楪ood faith鈥 over 鈥榖ad faith鈥

O鈥橠ay avoids accusatory language. 鈥淚 never say 鈥榖ad faith,鈥欌 he explained. 鈥淭hat鈥檚 for the courts. But I do ask, 鈥楬ow in聽good聽faith could you possibly decide this?鈥欌

It鈥檚 a strategic move. Calling something bad faith too soon can change how an insurer handles the file. 鈥淭hey鈥檒l redact documents, shut down communication, and gear up for litigation,鈥 he explained. 鈥淭hat鈥檚 not always what you want.鈥

Do the work, know the game

O鈥橠ay offered five clear takeaways:

  1. Demand the certified policy.
  2. Read it in full.
  3. Fulfill your duties after loss.
  4. Submit formal proof of loss.
  5. Understand what your contractor role does鈥攁nd doesn鈥檛鈥攅ntitle you to do.

鈥淭his stuff鈥檚 complicated,鈥 he said. 鈥淏ut it鈥檚 not impossible. Know your lane, know your rights, and do the job right from the start.鈥

Jeff Cross

Jeff Cross is the 天美传媒 media director, with publications that include Cleaning & Maintenance Management, 天美传媒 Today, and Cleanfax magazines. He is the previous owner of a successful cleaning and restoration firm. He also works as a trainer and consultant for business owners, managers, and front-line technicians. He can be reached at [email protected].

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