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Thread: Is This a Valid Claim?

  1. #1
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    Default Is This a Valid Claim?

    First, thank you for taking the time to answer my question.

    My husband had renters insurance with Allstate. Unfortunately, he died unexpectedly over the New Years weekend. The apartment complex called in a haz-mat cleaning service and they removed all the carpets in the apartment down to the bare concrete.

    There were two very valuable(at least to me) oriental carpets in the apartment. One was a smaller runner and the big one was 10x14 wool and silk. They were real and the value is about 4K, at least. I doubt I could replace them for 4K. The rugs were already gone when I got there. No one can tell me where they went. The bed was gone too. All anyone could tell me was that they were destroyed as a possible bio-hazard. I can see the runner and the bed being gone. They were both in the bedroom where my husband died. But I think the 10x14 was in reality, taken. The big rug was in the living room, on the other side of a wall from where my husband died. He died peacefully, asleep in his bed, of a heart attack. The coroner's investigator said there was no struggle.

    Do I have a renter's insurance claim? I would rather have the carpet back and get it cleaned but failing that, should I be compensated by insurance?



  2. #2
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    I think there is a claim but I am not P&C. I would file a claim.

  3. #3
    Senior Member Level 3 Dan Williams's Avatar
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    Hard to give an answer with the limited info. xrac is right on filing the claim...worst case scenario is that it gets denied. If you get a denial it will specifically state a reason...then you have something to present to whoever ordered the cleaning service.

    I'm still not clear on the bio-hazard issue.

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    Here's how it was explained to me. Whenever there is a death in an apt complex in Texas, I was told it is the law that the apartment be specially cleaned to make sure there are no bodily fluids present.

    Doesn't really sound like a LAW to me....policy maybe. But that's what I was told.

  5. #5
    Senior Member Level 3 Dan Williams's Avatar
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    I don't have any knowledge on Tx. laws so I'll recommend discussing it with your allstate agent. I'd have to guess that in these types of situations everything must have been documented and recorded....including the location of your rug.

    Have you requested a copy of the order from the apartment manager or owner? Might be a good thing to have in your posession

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    That's a good idea. I'll do it right now!

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    Update.

    The apartment complex still refuses to give me the name of the cleaning service or an inventory of what was removed from the apartment. I know about the rugs and the bed but other than that, I am not sure. The place was a shambles when I got there and all the carpets had been removed.

    I spoke with his Allstate agent and they promised to call me back but I never heard from them.

    I am pursuing forcing the apartment complex to give me this information through legal channels. How long do I have to file a claim and can I file a claim if I don't know everything that was taken from the apartment?

  8. #8
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    Quote Originally Posted by Patty View Post
    Update.

    The apartment complex still refuses to give me the name of the cleaning service or an inventory of what was removed from the apartment. I know about the rugs and the bed but other than that, I am not sure. The place was a shambles when I got there and all the carpets had been removed.

    I spoke with his Allstate agent and they promised to call me back but I never heard from them.

    I am pursuing forcing the apartment complex to give me this information through legal channels. How long do I have to file a claim and can I file a claim if I don't know everything that was taken from the apartment?
    Whenever my P&C clients die, the coverage continues unless the policy was not paid. I don't know TX law, but in my opinion, this is a theft and should be covered as such. The problem you would have is proving that it was in the apartment somehow. Not sure how you could do it. The bed and others should be covered too. Also depends on the limit of insurance the insured had.

    If the landlord has a list of what was thrown out, then it might serve as evidence that you can file a claim on behalf of the estate.

    You'd definitely have to show that you are the executor of the will to be able to get going on this. Here in Canada you can file a claim for up to a year after the loss. More if the contract provisions allow. I would check and see how long you have, but definitely file the claim ASAP once you prove your status as executor.

    Perhaps Canada has a different way of viewing this, though. In Canada, if a person dies, the lease moves over to the estate of the deceased and the landlord does not have the right to do what was done in this situation until the lease is up. That's why it would be considered theft in Canada.
    Last edited by bsd058; 02-03-2012 at 03:55 PM.
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