Homeowner Insurance Claim FAQs

No. Barnes Corley offers a no-fee preliminary review of your insurance claim denial. Send us a brief description of your claim and a copy of the denial letter, and an attorney will follow up to schedule a consultation.

In many cases, yes. Even without insurance, or with insufficient coverage, you may be able to recover by establishing negligence on the part of another party, or under another contractual theory of liability. It's important to discuss your loss with an attorney promptly so your rights are preserved.

We help homeowners with property damage claims of nearly every type: fire and smoke, puffback, water damage and burst pipes, wind, hurricane and storm damage, flood, collapse, mold, theft and vandalism, and damage caused by a neighbor's or contractor's work.

Fee arrangements depend on the type of matter. In many claims against insurance companies or third parties, contingency fee arrangements are available. Some matters are handled on an hourly basis. We'll discuss your options during your consultation so you can make an informed decision.

A denial is not always the final word. We provide a no-charge claim evaluation, and even if a claim has been declined — or reviewed by another attorney — we may be able to offer a different strategy. Because policies set strict deadlines for disputing a claim, it's important to call without delay.

It depends on your policy and the type of claim. Many New York homeowners policies contain a contractual provision that limits the time to take legal action on a claim to two years from the date of loss, which is shorter than the six-year period that otherwise applies to contract claims under CPLR § 213. Negligence claims against a third party are generally subject to a three-year limit. These periods can be shortened, extended, or affected by policy language and specific facts — don't rely on general timelines for your specific situation, and don't delay in speaking with an attorney.

Every claim is different, but insurance policies are contracts, and insurers bear the burden of proving their denial is justified. Where the dispute is factual, we hold insurers to that burden. Where the dispute turns on policy interpretation, we apply tools like contra proferentem, ambiguity analysis, and policy reconciliation to advance our clients' position.

An Examination Under Oath (EUO) is a sworn, recorded interview an insurer can require as a condition of coverage, typically used to investigate a potential basis to deny or rescind a claim. Your answers can be used against you, and a single misstep can jeopardize your claim. You should never attend an EUO without legal counsel.

Many property policies include an appraisal clause allowing either the policyholder or insurer to demand a neutral appraisal process when they disagree on the amount of a covered loss. Each side selects an appraiser, and the two appraisers select a neutral umpire; agreement by any two of the three sets the amount of loss. Appraisal addresses valuation, not whether the claim is covered at all.

Yes. Barnes Corley helps homeowners throughout New York State, from Long Island and New York City to Westchester, the Hudson Valley and upstate. Our attorneys are licensed in New York and do not handle matters outside New York.

Sometimes what you need first is a public adjuster, not a lawyer — or not yet. We are attorneys, not public adjusters, and we do not receive or pay referral fees. We can explain what a licensed public adjuster does and how to check a license with the New York Department of Financial Services, and we remain available if coverage questions come up.

Very small disputes, typically a few thousand dollars, can often be resolved directly with the insurer without an attorney. Beyond that, we review matters on a case-by-case basis regardless of size.

We generally do not accept matters involving only damage to a motor vehicle. We do represent individuals who are asked to appear for an Examination Under Oath in connection with an auto claim.

New York regulations impose specific timeframes on insurers for acknowledging, investigating, and deciding claims. Unreasonable delay can be raised with the insurer and, in some cases, in a complaint to the New York Department of Financial Services. Document every communication, request delay explanations in writing, and consult an attorney if your claim is stalling without a clear reason.

Many policies limit or cap mold coverage, but mold that results from a covered water loss, like a burst pipe, is often covered at least in part. Prompt drying and documentation help.

Standard homeowners policies exclude flood. Flood coverage comes from a separate policy through the National Flood Insurance Program or a private carrier. Wind and wind-driven rain are usually covered by the homeowners policy, so many storm losses involve both.

Replacement cost pays what it costs to repair or replace with materials of like kind and quality. Actual cash value subtracts depreciation. Many policies pay actual cash value first and release the depreciation holdback after repairs are completed.

Not without understanding it. Ask for the insurer's full estimate, compare it with your own contractor's estimate, and read anything you are asked to sign. A first offer is often a starting point, not the full amount owed.

A proof of loss is a sworn statement of the amount you are claiming, which many policies require within a set time after the insurer requests it. Missing the deadline can cause problems, so note it as soon as you receive the request.