Home Contents Insurance Texas

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Any Insurance Adjuster to answer personal content question?

A toilet in the spare bathroom of our home overflood overnight 2 weeks ago and the entire first floor was covered. I live in Texas and have Travelers insurance and am on my second adjuster-after the first one admittedly forgot about my claim. The first adjuster said that all the clothing, shoes, and anything “soft” that was touched by the water will need to be replaced. The second adjuster is coming out next week and said that if these items can be washed, they will not be replaced. Is there a standard rule on this? I am not out to get ahead on this, I truly want everything to be at pre-existing condition, but I also feel very uncomfortable sleeping on bedding or wearing clothing and shoes that sat in toilet water for 10 hours-even if it has been washed.

The first question is, “Did you undertake any action you you would have otherwise not done due to the advice of the first adjuster?” If you threw out items as a result of his advice, the insurer is prevented from penalizing. Aside from that, I think you have a valid argument that the UPP (unscheduled personal property) cannot be restored. This is one of those gray areas that many adjusters are not comfortable with. It is the duty of the insurer to provide proof that they can restore the UPP to pre-loss condition, otherwise they owe you the ACV (or RCV if you have that coverage) for the UPP. If you can push the adjuster hard enough, or find an “expert” to say that the UPP is not salvageable they may decide to replace rather than the cost to restore.

Additionally, if this UPP has been sitting around wet for 2 weeks, I would say its trash. That may work against you though. One of your duties as an Insured is to work to protect the property from further damage with due diligence and dispatch. Your failure to dry this stuff out is not an excuse unless you were abiding by the advice of the first adjuster.

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