AboutDenise Expertise I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.
Question Greetings! I had an adjuster at my house recently to see if the damage to my roof was due to the recent storms in my area. He walked around the house, climbed up on the roof to inspect further as we discussed what it would cost to replace it. He never stated one way or another about the claim, but two days later I received a check in the exact dollar amount we had discussed. So we cashed the check (which was made payable to me and had my policy number printed on it) and started to accumulate the items necessary to make the repairs in the near future as the contractor becomes available. Five days later, the adjuster called us and said he had 'made a mistake' and that we shouldn't have gotten a check; then told us we had to return the money. Legally, what's our obligation since we believed it to be a legitimate claim and payment on such claim?
Answer Hi Terri-
I'm not an attorney, but it appears that the payment for the claim was made in good faith, for the damages that you reported. Since they haven't sent you a formal denial of your claim, or the reason for it, it wouldn't appear that you have grounds for returning the check. You may want to contact your state's insurance department if they go further with this. Some damage to roof's is just wear and tear, and if they made a mistake by paying the claim, I think it's their error, and they will have to live with it. It may affect whether they will want to continue to insure you though.... :) Denise
