Think of your attorney as your shield — but a shield only works if it knows what to protect. One
of the important considerations in how ‘good’ a claim is, is how many, if any, prior claims are on
the property and what was done to remedy the prior claimed damage.
If you hide past insurance claims, your attorney doesn’t have the full story and may get
blindsided. Being upfront means they can help go over what documents would be needed to
prepare the best case forward. Documents could include prepurchase inspection reports, invoices,
photographs, etc.
Many clients think prior claims will hurt their claim, and so they try to keep them hidden. But
that is a misconception. It is okay to have a prior claim. What is not okay is having unrepaired
damage from a prior claim. Being up front with your attorney will help them to help you.
Insurance companies have databases that track prior claims. If you don’t disclose it to your
attorney, eventually your insurance company or their lawyer will discover it. And then at that
point, it will look like you were being untruthful when the information inevitably surfaces.
Honesty early on avoids surprises and helps your attorney prepare correctly.
Policies starting after December 16, 2022, eliminate the entitlement for fees and costs to be
recovered. Talking to your attorney about prior claim and repair history early on allows you to
tackle important issues early and without incurring time and costs in litigation.
Brittany Birs, Esq.
