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Old 05-26-2009, 08:33 AM   #1
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Home Owner's Builder's risk policy denied claim


State: New Jersey. I am home owner and had my own Builder's risk policy for construction of my residence, just wanted an extra layer of protection, the foundation wall collapsed on 3rd day b’case builder did not build as per architect’s plan, do have proof from professional engineer, builder only had carpentry insurance instead of builder’s policy as required by law and builder’s insurance denied claim due to inadequate coverage. Builder’s sub contractor (MASON) also had no insurance. My attorney did not clarify and did not understood why my insurance will deny the claim, what recourse do I have to claim the damages form my insurance. ?

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Old 05-26-2009, 08:38 AM   #2
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Home Owner's Builder's risk policy denied claim


Find another attorney. Seriously. If your attorney couldn't give you an answer you need to find one who can. Contact your local bar associate and find names of attorneys who specialize in this sort of insurance issue.

You will probably have to pay someone to look at the facts for you and render an opinion. That 90-500$ will be well worth it.

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Old 05-26-2009, 09:28 AM   #3
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Home Owner's Builder's risk policy denied claim


Get rid of your builder. If he doesn't have the proper insurance you're crazy to let him anywhere near your project. Not to mention he obviously can't follow the plans on the first part of the project!

Honestly if I were an insurance carrier I wouldn't pay a dime for a collapsed wall that was improperly built unless it damaged someone's property or hurt somebody, especially during the construction process. I don't care how good your lawyer is, I don't think you'll ever get them to pay and I don't fault them.
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Old 05-26-2009, 10:31 AM   #4
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Home Owner's Builder's risk policy denied claim


Poor construction is not covered by builder's risk insurance. You may want to consider hiring someone to oversee construction if you lack the time or knowledge.

-Sam

Last edited by samjack; 05-26-2009 at 10:35 AM.
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Old 05-26-2009, 10:38 AM   #5
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Home Owner's Builder's risk policy denied claim


Quote:
Originally Posted by thekctermite View Post
Get rid of your builder. If he doesn't have the proper insurance you're crazy to let him anywhere near your project. Not to mention he obviously can't follow the plans on the first part of the project!

Honestly if I were an insurance carrier I wouldn't pay a dime for a collapsed wall that was improperly built unless it damaged someone's property or hurt somebody, especially during the construction process. I don't care how good your lawyer is, I don't think you'll ever get them to pay and I don't fault them.

IN FACT THE BUILDER DID DAMAGED MY NEIGHBOUR'S DRIVEWAY and my insurance denied the claim.
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Old 05-26-2009, 10:41 AM   #6
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Home Owner's Builder's risk policy denied claim


I believe your only recourse would be to sue the builder (good luck). Asking your risk insurer to cover negligence caused by an unqualified, uninsured builder and sub contractors would be like asking you auto insurance to cover damages on your car after you deliberately drive it off a cliff.
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Old 05-26-2009, 10:48 AM   #7
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Home Owner's Builder's risk policy denied claim


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Originally Posted by VinnieL View Post
IN FACT THE BUILDER DID DAMAGED MY NEIGHBOUR'S DRIVEWAY and my insurance denied the claim.
That wouldn't be covered either. Builder's risk insurance covers things like damage caused by like fire, wind, theft, and vandalism. Are you acting as your own GC?


Last edited by samjack; 05-26-2009 at 10:55 AM. Reason: Grammer
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