Earthquake Damage Claims

While seismic activity is not widely known, it is not immune to the effects of earthquakes. Historically, the state has experienced several minor tremors, with the potential to cause unexpected and significant property damage.

The rarity of these events often leads to a lack of preparedness among residents and property owners. Therefore, understanding the potential for such natural disasters is crucial. MoMo Law, with over 25 years of experience, stands at the forefront of providing legal assistance for earthquake damage claims.

Types of Earthquake Damages Covered in Insurance Policies

Earthquake insurance policies are designed to provide comprehensive protection against various types of damages caused by seismic events. The coverage typically includes:

• Structural Damage
  This includes any harm to the physical structure of a building, like cracks in walls, damaged foundations, or collapsed roofs. Structural damage is typically the most significant and costly aspect of earthquake damage.
• Non-Structural Damage
  These damages refer to harm that does not affect the overall stability of the building but includes broken windows, damaged doors, and interior wall cracks. Non-structural damage, while less severe, can still be costly to repair.
• Personal Property Damage
  This covers damage to personal belongings such as furniture, electronics, clothing, and other household items. The coverage extends to items inside the home that are damaged as a result of the earthquake.
• Living Expenses
  If an earthquake renders a home uninhabitable, insurance policies often cover additional living expenses (ALE). This includes costs for temporary housing, meals, and other necessary expenses incurred while the primary residence is being repaired.
• Business Interruption
  For commercial properties, earthquake insurance can cover business interruption losses. This includes lost income and operating expenses that occur when a business is closed for repairs after an earthquake.

Each type of coverage has its specific terms and limits, and it is essential for policyholders to thoroughly understand their policy to ensure comprehensive protection against earthquake damages.

Exclusions in Earthquake Insurance Policies

Earthquake insurance policies, while providing crucial coverage, also have several common exclusions that policyholders need to be aware of:

• Sinkhole Damage
  Often confused with earthquake damage, sinkhole-related damages are typically not covered under earthquake insurance policies. Differentiating between these two types of damage is crucial for claims.
• Flooding
  Post-earthquake flooding, whether from natural sources or burst pipes, is generally excluded from standard earthquake insurance policies.
• Landscaping and Exterior Damages
  Damages to landscaping, gardens, and external structures like sheds or fences are usually not included in earthquake insurance coverage.
• Fire Following Earthquake
  If a fire is ignited as a result of an earthquake, the resultant damages might not be covered under an earthquake policy, but rather under a standard property insurance policy.
• Intentional Damage or Negligence
  Any damage that is a result of intentional actions or negligence is not covered in earthquake insurance policies.

Understanding these exclusions is key to assessing whether one’s earthquake insurance provides adequate coverage.

Common Reasons for Disputes in Earthquake Damage Claims

Disputes often arise due to discrepancies in the assessment of damages or disagreements over policy coverage terms. Policyholders may find themselves facing challenges such as:

• Discrepancies in Damage Assessment
  Differences in the valuation of damages between the policyholder and the insurer can lead to disputes. This is often a result of varying interpretations of damage severity or repair costs by the parties involved.
• Ambiguity in Policy Coverage
  Misunderstandings or ambiguities in the terms of the policy often result in disagreements over what is covered. These ambiguities can stem from complex policy language or differing expectations between the insurer and the insured.
• Delayed Claims Process
  Delays in the claims process can lead to frustration and disputes, especially if policyholders are in urgent need of funds for repairs. Extended waiting times can exacerbate financial strains and heighten tensions.
• Denial of Claims for Technical Reasons
  Insurers may deny claims based on technicalities, such as failing to meet certain claim filing deadlines or not providing sufficient evidence of damage. This often leads to policyholders feeling unfairly treated or misled.
• Underinsurance
  If the property is underinsured, disputes may arise when the insurance payout is insufficient to cover the full extent of the damage. Such situations highlight the importance of accurately assessing the value of the insured property.
• Exclusion Clauses
  Disagreements often occur over the application of exclusion clauses, especially in cases where the cause of damage is disputable. The interpretation of these clauses can significantly impact the outcome of a claim.

Navigating these disputes requires a nuanced understanding of insurance law and policy language.

Dedicated Team of Lawyers for  Earthquake Damage Claims

When facing the aftermath of an earthquake, considering the services of an insurance claims law firm, like MoMo Law, can be a crucial step in ensuring fair and adequate compensation for damages. Our earthquake damage insurance claim lawyers bring several key advantages:

1. Advocacy in Disputes
   Disagreements with insurance companies over the value and scope of damages are common. Our earthquake damage claim lawyers act as powerful advocates, challenging undervaluations or unjust denials and negotiating for a fair settlement.
2. Legal Expertise in Claims Process
   Our insurance claims lawyers are well-versed in the procedural aspects of filing and pursuing an earthquake damage claim. They ensure that all necessary documentation is correctly submitted and deadlines are met, reducing the chances of technical denials.
3. Representation in Litigation
   If a fair resolution cannot be reached through negotiation, our earthquake damage claim attorneys can represent you in court, presenting a well-structured case backed by legal analysis and evidence.
4. Stress Reduction and Time Saving
   Dealing with earthquake damage claims while recovering from the disaster can be overwhelming. Our lawyers take on the burden of these negotiations and legal processes, allowing you to focus on recovery and rebuilding.

If you are challenged handling your earthquake damage claim, MoMo Law will not just be your legal advisor but a trusted ally. Contact us today for a free consultation and ensure that your rights and interests are protected in the wake of earthquake damage.