If an insurance company determines a constructive total loss on a house fire claim, do they need to formally inform the insured of this determination in a written letter? If so, how long after this determination are they required to inform the insured?
ROBERT ARZILLO asked 1 month ago 1 Answers
Brian Evans Expert answered 3 weeks ago Dear Robert,
That’s a very good question; unfortunately, it doesn’t have a simple answer.
As the insured, you bear the burden of proof to demonstrate both your damages and the value of your claim. Unless your policy specifically requires it, the carrier is not obligated to share its independent reports beyond conducting a timely investigation and issuing a coverage determination.
If the home or property was not completely destroyed, proving that the structure is a constructive total loss—and securing payment on that basis—can be especially challenging. These situations often take time to resolve, particularly when a disagreement arises about the scope or value of the damages. For this reason, I recommend taking a proactive role in thoroughly documenting and presenting your damages, rather than waiting through delays or disputes to dictate the process.
This is a complex matter that involves understanding the relevant science, claims standards, and insurance law necessary to advance your claim fairly and efficiently. Because of this, I strongly suggest consulting with a qualified public adjuster licensed in New York as soon as possible. You can browse UP’s Professional Help Directory to find professionals who may be able to assist you.
https://uphelp.org/sponsors/
I encourage you to arrange a formal consultation with a professional to ensure you have the resources needed to fully restore your home and property.
I hope this provides some clarity and direction.
Best regards, Brian Evans, Eastern Public, LLC
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