AZ Department of Insurance
What if they just say no?
Unreasonable or lazy adjuster? You don’t have to tolerate it!
You may hear your adjuster say something along the lines of, “we aren’t paying any more…” or, “per our guidelines we don’t owe for that…” its all baloney! Only one thing, and one thing only, determines what is owed and that is your policy. Not some internal policy nor guideline but your actual contractual agreement for indemnification (a.k.a. your insurance policy). Trust me, if they really didn’t owe for anything more we wouldn’t be as successful as we have become since 2018.
First, no we are not licensed adjusters, nor are we operating as such for your claim. Your adjuster may try to say we cannot ask policy questions since we are not an adjusting firm. Our contract also has an “assignment of claim” also know as an “assignment of benefits.” This means that we are not an adjuster nor a contractor regarding this claim anymore but now we are actually the claimant and have a right to discuss any and all documents which the claim settlement or award is subject to; this includes your insurance policy.
The appellate court of AZ has already upheld that post loss assignments of claim are valid in the state of AZ per A.R.S. Title 20-461:
“7. As a property or casualty insurer, failing to recognize a valid assignment of a claim. The property or casualty insurer shall have the rights consistent with the provisions of its insurance policy to receive notice of loss or claim and to all defenses it may have to the loss or claim, but not otherwise to restrict an assignment of a loss or claim after a loss has occurred.” (https://www.azleg.gov/ars/20/00461.htm)
This means the carrier cannot restrict our assignment nor can they treat us as a disregarded entity; allowing us to deal with them directly to ensure all reasonable claims and items are investigated thoroughly and reasonably. If you click the link above and read the first 5 subparagraphs of the law you will find they likely have already violated many of them regarding through investigation and prompt communications. Basically, unless you file a complaint with the Arizona Department of Insurance they are likely going to continue to attempt to delay your claim in the hope they wear you down and/or you get frustrated with us or the process.
The law is on our side! We simply need to hold their feet to the fire and force them to do what is right regarding your policy and your claim. The sooner you get involved and/or file a complaint to the AZ Department of Insurance the sooner we can get them to resolve the claim and put this project in everyone’s rearview. You can file a complaint at the link below.
We are here to help if you would like us to assist you in filing a complaint with the AZ Department of Insurance. Simply reach out to you Project Liaison to receive resources or assistance in doing so.