Have I been a victim of fraud and material misrepresentation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Have I been a victim of fraud and material misrepresentation?
I had a building insurance claim recently. I already had a builder. The insurance company brought an appraiser to the inspection. The appraiser convinced me to use him for part of the job, arguing that more would be covered by using him. He said I could continue with my current builder also. He kicked my builder off the job, caused huge delays to the urgent natured repair, did very little actually work, waited on the insurance check to be issued. My builders had the job almost completed when this appraiser installed a lock box to prevent them from completing works. This appraiser demanded I give him the check proceeds plus my deductible so he may handle the final stages of my claim, which I discovered was in fact closed, deductible subtracted. He sent a bill for $8543 for 2 days drywall work and is demanding I pay this by Wednesday. He never sent me an estimate for works. I already paid the bulk of the insurance proceeds to my builder who actually did the job. Does this guy have a case against me?
Asked on May 17, 2019 under Insurance Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
He may have committed one or both of--
Fraud: lying about what he could or would do, to get you to sign up with him. Also, lying about the cost of the work.
Breach of contract: failing to do what he in fact agreed to do.
While he would be entitled to the fair or reasonable compensation for any work which he agreed to do which he in fact did, that's all he'd be entitled to. If you and he cannot work this out, either on your own with your insurer's intervention, you could refuse to pay, let him sue, and would likely have a defense to at least the amount of compensation he is seeking.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.