You may still be eligible to participate in the class action even though you have an insurance claim. Your insurance policy does not cover your compensation for physical injuries or emotional distress, loss of market value of your property and you may have a deductible which you may claim against the defendants in the class proceedings.

INFORMATION ON PURSUING YOUR INSURANCE CLAIM

1. Homeowners

If you sustained damage to your home or loss of contents then you have a claim under your homeowner’s insurance policy. It is important that you read your policy booklet. What is actually covered is different with each policy, depending on the insurance company you are with. You should also read the declaration page/cover page which you receive when you apply for or renew your policy. Also, you should contact your insurance broker. Generally speaking, there are three types of coverage available under your policy:

Damage to the building - This covers the cost of repairing any physical damage to the building or structural damage such as broken windows, damage to the walls and floors. Damage to the structural integrity of the building would also be covered. This section may also cover damage to your trees and landscaping.

Contents - This covers the cost of repairing or replacing any contents that were damaged or destroyed such as clothes, furniture, appliances, food.

Additional Living Expense - This covers the cost for food and accommodation while you are required to be away from your home because of the evacuation and while repairs are ongoing or during the time when your home is not fit for habitation because of contaminants or because it is not structurally safe for you to return. You are entitled to stay at a hotel or rent a house which is comparable with the one you own. If you had a family in three bedrooms of your home, for example, you are entitled to stay at a hotel with three separate rooms or a three bedroom suite.

An insurance adjuster should inspect your property to determine the extent of the damage and then the insurance company will have a contractor determine how to repair the damage and whether there are any structural deficiencies. The insurance company should also have someone attend who is experienced with soil contamination to provide remediation services.

If you are not satisfied with the estimates for repair work and contents or if the insurance company is taking too long, you are entitled to hire a contractor of your own to provide an estimate and to do the repairs. If you are not satisfied with the alternative accommodation suggested by your insurer, you can insist on more suitable accommodations.

Please be aware that many homeowners’ insurance policies have exclusions for environmental damages and possibly for damages caused by explosions. If your insurance company denies your claim or is undervaluing the extent of your claim, you should seek immediate legal representation. (See Below)

2. Commercial Building Owners

If you own a commercial building such as an office, retail, or apartment building and sustained damage to the building or its contents, then you may have a claim with your insurance company. It is important that you review your insurance policy as every company uses different language in their comprehensive general liability policy. You should also read the declaration page/cover page which you receive when you apply for or renew your policy and speak to your insurance broker. Most policies will cover the following:

Damage to the building - This covers the cost of repairing any physical damage to the building or structural damage such as broken windows, damage to the walls and floors. Damage to the structural integrity of the building would also be covered. This section may also cover damage to trees and landscaping.

Contents - This covers the cost of repairing or replacing any inventory and business equipment.

Loss of Revenues - Loss of rent or profits, if you purchased this optional coverage, which is commonly referred to as business interruption insurance.

An insurance adjuster should inspect your property to determine the extent of the damage and then the insurance company will have a contractor determine how to repair the damage and whether there are any structural deficiencies. The insurance company should also have someone attend who is experienced with soil contamination to provide remediation services. The insurance adjuster should also work with you to quantify your lost profits and business revenues. If you are unable to continue renting your property or operating your business, then you must insist that the insurance company repair the damage as soon as possible.

If you are not satisfied with the estimates for repair work and contents or if the insurance company is not responding fast enough to your claim, you are entitled to hire a contractor of your own to provide an estimate and to do the repairs.

Please be aware that many insurance policies have exclusions for environmental damages and possibly for damages caused by explosions. If your insurance company denies your claim or is undervaluing the extent of your claim, you should seek immediate legal representation. (See Below)

3. Retailers

If you own or operate a retail store and experienced a loss of business revenues or damages to your store fixtures or inventory, you may be entitled to advance an insurance claim. It is important that you review your insurance policy as every company uses different language in their comprehensive general liability policy. You should also read the declaration page/cover page which you receive when you apply for or renew your policy and speak to your insurance broker. Most policies cover the following:

Contents - This covers the cost of repairing or replacing inventory and business equipment.

Loss of Revenues - Loss of profits, if you purchased this optional coverage, which is commonly referred to as business interruption insurance.

An insurance adjuster should inspect your property to determine the extent of the damage and then the insurance company will have a contractor determine how to repair the damage and whether there are any structural deficiencies. The insurance company should also have someone attend who is experienced with soil contamination to provide remediation services. The insurance adjuster should also work with you to quantify your lost profits and business revenues. If you are unable to continue renting your property or operating your business, then you must insist that the insurance company repair the damage as soon as possible.

If you are not satisfied with the estimates for repair work and contents or if the insurance company is not responding fast enough to your claim, you are entitled to hire a contractor of your own to provide an estimate and to do the repairs.

Please be aware that many insurance policies have exclusions for environmental damages and possibly for damages caused by explosions. If your insurance company denies your claim or is undervaluing the extent of your claim, you should seek immediate legal representation. (See Below)

Tenants

If you sustained damages to your apartment, you should speak with your landlord about repairing the structure. If you sustained damages to your contents and purchased an insurance policy you may be entitled to advance a claim. It is important that you review your insurance policy as every company uses different language in their tenant policies. You should also read the declaration page/cover page which you receive when you apply for or renew your policy and speak to your insurance broker. Most policies cover the following:

Contents - This covers the cost of repairing or replacing any contents that were damaged or destroyed such as clothes, furniture, appliances, food.

Additional Living Expense - This covers the cost for food and accommodation while you are required to be away from your home because of the evacuation and while repairs are ongoing or during the time when your home is not fit for habitation because of contaminants or because it is not structurally safe for you to return. You are entitled to stay at a hotel or rent a house which is comparable with the one you rent. If you had a family in three bedrooms of your home, for example, you are entitled to stay at a hotel with three separate rooms or a three bedroom suite.

An insurance adjuster should inspect your property to determine the extent of the damage and then the insurance company will have a contractor determine how to repair the damage and whether there are any structural deficiencies. The insurance company should also have someone experienced with soil contamination to provide remediation services.

If you are not satisfied with the estimates for repair work and contents, you are entitled to hire a contractor of your own to provide an estimate. If you are not satisfied with the alternative accommodation suggested by your insurer, you can insist on more suitable accommodations.

Please be aware that many tenant insurance policies have exclusions for environmental damages and possibly for damages caused by explosions. If your insurance company denies your claim or is undervaluing the extent of your claim, you should seek immediate legal representation (See Below).

Falconer Charney LLP will provide a free consultation to discuss any dispute you may have with your insurance company.