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NorthwestConstruction &Insurance Law
CallRepair and Claim Review

Claims & decisions

The check you have not cashed

Sarah Harper1:16

Insurance & Property Claims Advisor · Read Sarah’s biography

Why the payment letter, check language and policy deadlines should be reviewed together.

Transcript

Owners think an uncashed check keeps their claim open. An owner gets a check for a fraction of the

damage. The adjuster who issued it has since left. Two calls to the ombudsman haven't helped and the

check sits in a drawer because they don't want to accept it. Then someone mentions the policy has a

deadline. So from the carrier's side if the check was issued as a full and final settlement the claim

will be closed. The reserve will be closed. So it will need to be determined whether the check was

issued as a full and final settlement, or if it was your understanding that the check was for a

partial payment. You will want to review the check language and also any correspondence that arrived

with the check to determine whether any additional funds would be disbursed. Do not cash the check

and do not sign anything until somebody who doesn't work for the carrier has read the check

and the letter that came with it and the suit deadline in your policy. That's a legal question.

it's the one that decides everything after. If you own the building, on a building a joint check

with your lender on it adds another signature and another clock. Same rule, nobody signs until

somebody reads.

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