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Chaplain Kent · 02-22-2005, 12:26 PM

We have just heard from General Casualty Insurance Co. They have turned down the claim stating that their investigation turned up no evidence that the filter in question was wrong or could of been the cause of the engine failure. The adjuster denied that the shop who did the work admitted blame and that the shop who now has the coach attributed the failure to the filter. Please note this is General Casualty Insurance Co. Next stop will be our lawyer.

59toaster · 02-22-2005, 01:48 PM

Did you get in touch with the insurance commisioners office and have them contact the insurance company?

Good luck with it.

Chaplain Kent · 02-23-2005, 08:20 AM

We have been in touch with the insurance commissioner and they would be interested in taking on the case. However, there is a time delay of several weeks and we may end up the same place we are at now. The decision we made was to skip them and go straight to our lawyer. Fortunatly we have a good attorney, fair and honest who has worked for us before. The added bonus is that he restores Corvettes and is quite familiar with "classic" items. Wish us luck.

**jcanavera** · 02-23-2005, 08:58 AM

This insurance incident really makes me angry. It's part of what's wrong with the system and why some reforms need to be made. Here is a case that for all intents is open and closed. Its a matter that the insurance company is betting that you will settle for less due to your cost to litigate this issue.

While you may move forward legally, I think the insurance commissioners office should still be kept in the loop. What these guys are doing is financial blackmail. As far as I see in this instance, they are denying a legitmate claim, not on its merits but to reduce the settlement to less than the actual damages that their client caused.

In this day and age the individual is in many cases unable to get true justice since their pockets aren't as deep as the corporate side.

Jack

59toaster · 02-23-2005, 09:46 AM

Quote:

Originally Posted by Chaplain Kent

We have been in touch with the insurance commissioner and they would be interested in taking on the case. However, there is a time delay of several weeks and we may end up the same place we are at now. The decision we made was to skip them and go straight to our lawyer. Fortunatly we have a good attorney, fair and honest who has worked for us before. The added bonus is that he restores Corvettes and is quite familiar with "classic" items. Wish us luck.

That will help. He knows that its a bunch of garbage once he see's that filter.

Proably one letter or call with what he plans to sue for will resolve it.

I know this has caused you great mental anguish.

driftwood · 02-23-2005, 10:01 AM

Reading your last few posts, it is apparent that the insurance company and their adjuster did NOT do an investigation, they merely rendered an opinion, and denied the claim ... with no facts to rely on.

Please refer to my post in this thread of: 02-09-2005, 06:37 PM

Is it possible that the oil change shop does not have 'completed operations' coverage? It is possible that the claim is not valid (in the eyes of the underwriter) because it is not a covered loss under the terms and conditions of their contract of insurance?

If the vendor, that apparently was the cause of your engine damage, has this type of coverage; then the BAD FAITH card should play well. If the vendor does not have coverage in that area, then your suit & pursuit of remuneration will unfortunately be directly with the vendor.

If no coverage exists under the vendor's policy, the insurance company will not have the obligation to defend and the costs of the vendor directly defending your suit will come straight from his pocket. That may be an intrim bargaining tool prior to the actual instigation of action.

Good Luck! Save ALL the pieces for the investigator your lawyer will hire, and see if you can get a recorded statement from the mechanic that did the faulty work and/or his colleagues.

balrgn · 02-23-2005, 10:01 AM

Quote:

Originally Posted by Chaplain Kent

We have been in touch with the insurance commissioner and they would be interested in taking on the case. However, there is a time delay of several weeks and we may end up the same place we are at now. The decision we made was to skip them and go straight to our lawyer. Fortunatly we have a good attorney, fair and honest who has worked for us before. The added bonus is that he restores Corvettes and is quite familiar with "classic" items. Wish us luck.

Hang in there, in the end you will win out. We're all rooting for you!

Silvertwinkie · 02-23-2005, 11:48 AM

I'm with Jack on this one....really a down and dirty way to play.

Chaplain Kent · 02-23-2005, 02:40 PM

I received a call from our insurance company today-American Family- and it seems the story of the motorhome has been told around the office and landed on the right ears. They have decided to take on the case! The woman I talked to said this is kind of out of the coverage limits but since we were damaged by no fault of our own and we do carry full coverage they will do an investigation and fight for us.
I just want to keep thinking that there are good companies and good people out there.

balrgn · 02-23-2005, 06:01 PM

This sure is welcome news! Your on the right track now.

Chaplain Kent · 03-10-2005, 08:10 AM

I got a phone call last night from my insurance company, American Family and they said they would pay for the engine! The adjuster just kept saying over and over that he could not understand why the other insurance company, Genral Casualty, did not take care of this matter. He stated that the engine showed no wear or evidence of previous problems. In fact he said he was surprised the engine had 60,000 miles on it since it was so clean.
I still do not have hard figures since he did not have all the invoices last night. My lawyer informs me that I can go ahead and collect whatever the difference is from the first insurance comapany now that American family has steped in.
The two companies will go into arbitration and then I get the balance depending on the outcome of the arbitration. But the big expense is going to be paid.
Thanks to all of you for your suggestions and comments. I am eager to run this new Isuzu engine for hundreds of thousands of miles.

driftwood · 03-10-2005, 08:12 AM

Congratulations !!!!

All of us were pulling for you.

Happy motoring!

ALANSD · 03-10-2005, 09:07 AM

Hallelujah....great news!

balrgn · 03-10-2005, 10:01 AM

Way to GO! Congrats you you and the Mrs.!!! I know how tramatic this has been for you.

By the way, still working on a game plan for a visit! (be talkin)

bake315 · 03-10-2005, 03:46 PM

Rock ON! That's FANTASTIC news! At last, the little guy wins one!

Foiled Again · 03-10-2005, 05:02 PM

I heaved a BIG sigh of relief when I read your posting. Thank goodness, what a relief for you!

Your story will go down in the annals of the "moho" vs "drag-along" debate, but in my view it still comes down to individual preferences and needs. I hope you are on the road again soon. If you come to the Norfolk area and need service, I'll send you to my clients at Western Branch Diesel who have a very good reputation. I'll tell them to show you the filter first, and let you go into the shop and watch them install it personally.

I'll bet you never say the words "just an oil change" quite the same way again! I had a much less serioous experience at a garage once - and I've never driven away since without checking to make sure the lug nuts were tightened!

Happy happy happy... Tin Lizzie

74Argosy24MH · 03-11-2005, 06:04 AM

I would also give a big thumbs up to American Family for stepping up for you on this. I had a windshield replaced last fall at a glass shop recommended by my insurance agent. Terrible work, the glass was 1/8" above the body, 2 pieces of trim broken, broken glass everywhere inside the car. When I heard nothing from the glass shop for 2 weeks I took the car to the agent's office, they weren't even interested enough to walk out and look at it. I can imagine their reaction to what you have gone through.

John

Chaplain Kent · 03-30-2005, 09:31 AM

We are still waiting for the work on our MO to be completed. The wrong turbo was delivered and fortunatly discovered before being installed.
This has been the longest period of no camping we have been through in quite some time and are eager to get back on the road.

balrgn · 03-30-2005, 09:42 AM

Quote:

Originally Posted by Chaplain Kent

We are still waiting for the work on our MO to be completed. The wrong turbo was delivered and fortunatly discovered before being installed.
This has been the longest period of no camping we have been through in quite some time and are eager to get back on the road.

Do you have an estimated time of completion?

It will be all the sweeter once your again on the road!

Chaplain Kent · 03-31-2005, 08:38 AM

There is no estimate of when it will be completed. Without getting into a discussion of why I did not have them use a Cummins or something other than Isuzu, let me state that a replacement engine was difficult to find. They are using a brand new engine and not a re-built one and this was not readily available to fit the configuration of the MO.
Not being a mechanic or having a great understanding of engines I need to trust the many years of experience this dealer has. They are one of the largest Isuzu dealers in the country as well as several other big truck lines.
We are ready to roll as soon as the MO is complete. If we had any idea it would have taken this long we would have unpacked more stuff to bring home. I especially would like to have my bike which is sitting on the back of the MO. The weather has finally broken here and it is time to bike ride again.