Like Kind And Quality

Most responsible homeowners purchase an insurance policy that they assume is going to cover everything in it as well as the structure itself in the event of a fire. Somewhere in the policy is a section that covers replacing the structure and all of its contents in like kind and quality in the event of fire. The insured person is likely to be under the impression that this simple statement means that each item in their house from the floors to the appliances will be replaced with items that are exactly the same in every way. On the other hand the insurance company looks at things from a different point of view.

They look at from the point of view of how much money do we have to pay out and what can we do to save money? This particular problem seems to be one of the biggest when it comes to claims made when a fire is involved. Problems arise because the insurance company does not want or simply cannot replace everything with items of like kind and quality. In many cases the insurance company is going to replace most items with those of like kind and quality without too much fuss, but there are always exceptions. For example when it comes to electronics, you may have had an older big screen television set that is no longer available.

The replacement is going to cost far more than the original, should your insurance company pay for the difference just because your television is no longer manufactured? Under the auspices of like kind and quality, you may feel that they should, on the other hand they may feel that since like kind and quality are not available they should only pay a portion of the cost. The same can apply to any area of your home, for example your carpet was water damaged while the fire was being fought as was the wooden floor underneath. Your insurance company may try to say that by replacing the carpet they have completed their obligation, a building inspector or contractor might not see it that way. Before you agree to settle with your insurance company as to what constitutes like kind and quality you should seek qualified legal counsel.

Once you sign the settlement you have recourse and must be prepared to settle for the results of the insurance company and what they have repaired or replaced in your home. It is in your best interests to consult an attorney that specializes in fire law before you talk to a claims adjuster from your insurance company. If you have had a fire in your home and are not sure that the insurance company is going to replace everything you need to hire an attorney before you talk to the claims adjuster. In the state of Illinois you can count on Steven B. Pollack of Fire Claim Law to be there for you. He will work with you and your insurance company to make sure that you get everything taken care of to your satisfaction.

As responsible and law abiding home or business owners, we are all encouraged to do the right thing and take out insurance policies to cover all eventualities. These providers are quick to tout for our hard earned dollar and give assurances, which at the time afford us piece of mind; but in reality, many of these commitments are not actually what they appear to be at face value. Small print gets a bad press for a good reason, there is very often some hidden get out clause, written in 'insurance language', that should the need arise for a claim to be submitted, the insurer will refer to and very possibly twist to their own advantage and adjust the policy accordingly.

As a trained attorney, I am here to act for the good folk of Illinois and ensure that they are not subject to the bully boy tactics which are often displayed by a public adjuster, who may have ulterior motives to try and get a client to settle for less than their entitlement. My legal background helps me understand the finer points of a policies and contracts, and as a consequence, puts me in a strong position to fight a clients corner and recover the insurance pay-outs that they have been paying expensive premiums for.

My specialized subject is fire claims, so you could describe me as a fire claims lawyer, but I am more of a fire claims adjuster, who offers a sensible alternative to a public adjuster and my fees will not cost any more than theirs. My vast experience in litigation allows me to look after a customers best interests, whilst keeping an eye on the finances; indeed my charges are just 10% of any insurance recovery – there is no fee for non recoverable outcomes.

By appointing myself from the onset, I can fully understand the case and my presence also has an effect on the attitude of the Insurance company, who might otherwise take liberties against susceptible members of the public. Having a fire claim lawyer at your side, allows some of the burden to be eased from the claimants shoulders and lends some stability into a situation, that will undoubtedly be a time of great stress. Many fire claims result in the need to move out of the property and into temporary accommodation, so my appointment can offer some respite, and lets a client concentrate on family matters.

Why would you not just accept a public adjuster? It is probably the easiest option after all and there should be no apparent reason to suspect that anything but the sincerity and integrity that they display at their first introduction, is the norm. Unfortunately, this I'm afraid will not be the true reason for them turning up out of the blue. Insurance companies do not like to pay – that is fact, and if they have to pay then they want it to be as little as possible. So with a fire claim, a public adjuster will often prey on the vulnerability of a claimant and employ some aggressive questioning and intimidatory behavior, in the hope that scare tactics will see a settlement concluded for far less than it should be.

As a fire claim lawyer, I have something called a fiduciary duty – meaning I am bound to put your interests before those of my own; but as a decent law abiding citizen myself, I would morally undertake such practice anyway. The public adjuster however, is under no such obligation and might even have his own interests at heart if, for example, he has some involvement with a construction company, who may act on behalf of the insurers. That may raise an eyebrow of any decent, honest individual, but I'm afraid these practices to occur, and quite often.

A fire claim, submitted in all innocence and in the perfect rights of a homeowner, can actually turn into a state of affairs that sees the claimant being subjected to what sometimes will feel like harassment and interrogation. Under Illinois state law, whilst these inquiries are permitted, they have to be carried out in the correct manner and as the appointed fire claim lawyer, I will ensure that this is adhered to. There are many reports where an unscrupulous public adjuster has acted in an unethical way, but escaped unpunished due to scaremonger tactics. With the assistance of a qualified fire claim lawyer, none of this bad practice will ever take place.

I am Steven B Pollack and I'm here to protect all your rights and see that honesty prevails. A fire claim is something nobody ever wants to have to become involve with, but if such an eventuality should happen, then my professional assistance can make a difficult period run as smoothly as possible. My book 'After the Fire' is a free publication to aid claimants with the first two critical months after submitting a claim and can be ordered here at Fireclaimlaw.com, where you will also find a consultation form, from which I'll respond to immediately, with my initial thoughts as to what my involvement ought to be. My contact number is (847) 436-9566 – in an idea world you'll never need to get in touch, but should you need me, please do not hesitate, I'm always available.