An insurance company was caught withholding relevant discovery to avoid paying our client’s roof damage claim.
Attorney Joshua Brownlee caught the insurance company hiding a vital document it refused to produce in discovery until a few days before having to explain to the judge why it was “privileged”. The document was titled JMI Report on the carriers Privilege Log and dated nearly two years before the date of loss. The document was claimed “privileged” under the work product doctrine which only protects against documents prepared in anticipation of litigation. Clearly, a document predating the subject loss nearly two years wasn’t prepared in anticipation of litigation and Mr. Brownlee was forced to file a motion to compel the JMI Report asking the court to compel its production. Four months later and just days before a hearing on the motion to compel the production of the JMI Report, the alleged privilege was withdrawn and the report produced. Unsurprisingly, the JMI Report was procured by the carrier in order to document the condition of the roof which proves our client’s roof was in good condition at the time the roof was insured.
This report contradicts the insurance company’s argument that the roof had pre-existing damage.
The insurance company has defended its coverage decision by asserting the typical wear, tear and deterioration defense arguing the roof is just old. Yet, despite having conducted their own inspection of the property just less than two years before the date of loss and determining the roof was in an insurable condition now denies a claim for pre-existing damages.
So why did they deny the claim?
Evidence points to one thing; they wanted to deny the claim. Insurance companies like this are not on your side. On more than one occasion, JT Law Firm has caught more than one insurance company committing fraudulent actions to avoid paying a claim. Yet, insurance companies want you to believe the increase in litigation cases is due to lawyers, roofers, and contractors.
Our client had a valid roof damage claim. Yet the insurance company hid evidence to get the claim denied.
The JMI inspection report dated May 1, 2019, contains answers to multiple questions that point to the insurance company committing fraud. Two of these questions are “is the dwelling in poor condition” and “is the roof in poor condition” both of which are checked “no” in the report. The insurance company had this report in its hands. They fought to keep the inspection report out of evidence claiming it was privileged because it was “prepared in anticipation of litigation.”
How could they have known this claim would make it to court when the inspection report was generated on May 1, 2019, and the date of loss for our client was January 16, 2022?
The truth is hidden behind mountains of documentation insurance companies create to hide their actions. Then they claim certain key documents are privileged to keep them out of discovery to avoid attorneys finding the evidence they carefully tried to hide.
When insurance companies hide evidence, it usually stays hidden. Attorney Joshua Brownlee was relentless in his attempts to acquire the missing document the insurance company purposely failed to disclose.
Unfortunately, evidence this important is usually never in play in a case because the insurance companies have created systems to keep evidence this vital out of reach from attorneys who are fighting on behalf of homeowners with valid claims.
What you need to know.
In the U.S., 93% of homeowners have insurance, and out of every 100 insured homes, only 5.79 claims are filed each year. Many of those claims are denied, delayed, or underpaid. Insurance companies collect billions each year, spend millions on lobbyists to help get favorable laws passed, and they have been caught committing fraudulent actions to deny valid claims.
New laws are being passed to help protect these same insurance companies. At JT Law Firm, we urge you to stand up for yourselves and fight to keep laws fair for everyone. You can write to your state governor or donate to lobbyist groups that fight on behalf of homeowners.
To learn more ways you can make a difference speak to a JT Law Firm team member.
There’s no cost or fee to hire us.
Schedule your complimentary discovery call today. Call us at 855-585-2997.
