Auto insurance claim put somebody through the mill?
Question:
A big truck ran into the rear legs of me 4 years ago and I have a herniated disc. After 4 years we are starting to settle. The guy who run into me's insurance company offered me his full coverage. $25,000. To get that I hold to sign a covenant not to sue to release the guy of all claims. Then, my advocate wants to fo after my underinsured policy. I am particularly worried about doing that. Should I sign the quality newspaper? Please give me some warning? Is it a law that you hold to take the $25,000 back you can go after your own insurance?
Answer:
Since you hold an attorney, you should follow the advice of your attorney, not the associates on Yahoo. I'm assuming that your attorney is familiar near the laws within your state regarding statute of limitations, insurance, etc. If he's not, next you need a up to date attorney.
Having said that, if the guy only have $25,000, which was probably the minimum restrictions in your state, what else do you expect to gain out of him? Sure, you can sue him and try to get his house or vehicle or anything else he has but if he doesn't hold anything, what's the point? Are you willing to hold him pay you $50 a month for life span or something? What good is that going to do you?
It is conventional when an insurance company settles to sign a release of all claims to their insured. It is standard procedure. They represent their insured and the maximum they can income you is $25 thousand because that was the constrain of his policy.
You don't have to sign the release. But you won't win anything from them until you do without dragging it through the courts. At that point, you might return with a judgment for $50,000 or something but consequently what? If he doesn't have $50,000 to bequeath you, you aren't ever going to get it. Plus, he would probably a moment ago file for liquidation at that point and get rid of the pronouncement and owe you nothing.
Go stern and talk to your attorney. You hired him to advocate you. He is in a position to supply you the best advice since he know the details of your claim.
You would have to hold his policy limit (your attorney is getting at most minuscule 1/3 of this correct?) before you can turn to your underinsured motorists coverage for the balance of your injury settlement. What does your attorney enunciate about signing the weekly? I am assuming he has looked at the other party's assets & determined him to be "judgement proof" - explanation no assets, no job, no work prospects (possibly on welfare)? If that is the travel case & he has zilch to go after, I guess I would sign the rag in direct to go after your underinsured motorists coverage & grasp the whole entry done & settled. If he has assets to dance after, I don't think I would sign the newspaper. Why should your policy pay (you preserve high limits) when someone near assets buys a minimum policy because they are too cheap to purchase decent ends?
You have to ask your legal representative, but under insured money exactly that, you claim against them when they don't have plenty insurance. If your lawyer wishes to do it I guess he knows what he is doing. Ask your attorney to write down for your records what he is going to do
Personally, I would settle for the $25,000. If you sue your own insurance, won't your insurance turn up!
Well, that's the way it works - if you SETTLE, that technique you agree not to sue him in exchange for that $25K payout. They're not going to payout WITHOUT a judgement, UNLESS you release that guy from adjectives claims.
If you go ahead next to the lawsuit, a lawyer is going to rob 30% of what you get, and his insurance company is STILL merely going to have to remuneration out $25K.
I can't believe you haven't filed an underinsured motorist claim all the same on your policy!! You might be up against the statute of limitiations in your state for that, do it NOW.
Law vary state by state, regarding when you can profile. YOu'll need to ask your agent if you have need of to settle with the other guy until that time you can file underinsured motorist on YOUR policy. I hope you hold high limitations!
That is correct way to do it.
Do you own PIP Protection? You can get the rest of the amount of your claim. It's drastically important surrounded by which state you live because every state have different argot of this coverage. Here attach the definition of PIP Protection:
Personal Injury Protection or PIP provides medical expense coverage if the driver or another individual covered under the policy is injured contained by an automobile accident. It is repeatedly called no-fault coverage because it pays medical expenses no business who has cause the accident. PIP coverage pays hospitals, doctors, trauma centers and other medical providers directly for treatment of injuries from automobile accident. It also pays for medical equipment that may be needed as a result of an accident. Under current regulation, automobile insurers provide "first dollar coverage" to hospitals and trauma centers up to $250,000.
Good Luck..
That's pretty typical that you release all from adjectives claims when a settlement is made. The other guys limits enjoy to be exhausted first before you can claim beneath your own uninsured/underinsured coverage. You need to engender sure you are carrying adequate edges of uninsured/underinsured motorist. If your own policy only have $15,000 or $25,000 then at hand is nothing near for you. If you carry more than $25,000 later the difference between $25,000 and what you carry is available for "underinsured" coverage.
who would i see to win insurance on jewelry?
Question:
Answer:
It depends.
If it is a small amount of jewelry you will likely already be covered lower than your homeowner's or renter's insurance policy.
BUT, that coverage is pretty limited.
You may be capable of increase the coverage amount on those policies.
Some insurers will also steer you toward something called a 'personal articles policy' that covers jewelry and dependable other high pro items.
PAPs are very probably priced.
Any agent or company selling homeowner's or renter's insurance will be able to give support to you.
Your homeowner's policy covers your jewelry. Call them.
any local insurance agency in your nouns but first you must have it appraised - adjectives of your jewelry unless it has be recently purchased adjectives you need is a unloading
A regular agent. It should be available with your homeowners or renters insurance as a ryder policy, that make it pretty cheap. If you don't have any of those, you should still have some coverage available.
if you hold homeowners insurance it would be covered for a certain amount.
You can catch a rider on your homeowners. See your insurance agent. They'll need jewelry appraisals. If you enjoy a lot of jewelry, it can gain priceybut worth it.
Good luck!
The guy that sells you your homeowners or renters insurance policy.
if you own a homeowners insurance policy or a renters insurance policy you would have coverage for aggravated burglary to $1000. if the jewlery is valuable you will call for to schedule it onto the policy for other coverage such as mysterious disappearance. (such as you lost it and don't know how or where) later it will be covered up to the amount you schedule it for. ususally anything over $1000 requires an inventive receipt or an appraisal to rota. It does'nt cost a lot to calendar and its worth it if you have costly peices.
YOU CAN EITHER LIST IT ON YOUR HOMEOWNERS OR WRITE A SEPERATE ARTICLES FLOATER. EITHER WAY SEE THE AGENT THAT WROTE YOUR HOMEOWNERS.
If you get hold of one speeding ticket and you dont ask for court supervision, how much will your insurance progress up?
Question:
Answer:
ask in court to thieve the driving course... it is 25 dollars and will keep that ticket from showing up on your dictation.. but you have to ask the conciliator about it IN court ON the sunshine of court
depends on the state and how fast you be driving.
some states have points that are applied against your liscense and points do mete out your insurance to go up...but if you weren't going too much over the confine, you won't get a point.
Depending on your state law, how fast you be going, and if you have any prior tickets - it might not budge up at all. For minor speeding violation, many states own a "first ticket" forgiveness, where there's no surcharge if it's smaller amount than 15 mph over the speed limit.
a couple of piece you need to think through about insurance companies. They do not verbs a driving record on respectively of their customers every 6 months. Your best bet, since the ticket is a done deal. reimburse your premiums on time, do not renovate cars anytime real soon, be a upright girl and don't give the company a source to pull your folder.
SLOW DOWN Be good.
Short residence disability insurance assistance?
Question:
I'm scheduled to own a hip replacement in May. My give somebody the third degree is this: is there any type of insurance (i.e.- AFLAC) that can serve with some of the medical expenses that I will incur or even sustain with the lost income? I've hear of short term disability insurance but am not comfortable with the details. Please note: I hold a husband who has a wearing clothes job and am not looking for senate assistance. Any help is appreciated.
Answer:
The short answer is no.
After adjectives, think just about what you are asking.
You are basically sayingI know that I hold a very big expense coming upI want to salary just rather bit of money and I want to join this big pool of relatives (the insurer's policyholders) and I want the pool (all the rest of us) to pay me a LOT more than I rewarded in even though I know about this surrounded by advance.
If you agree to us (the other policyholders) vote on this...what do you think out vote would be?knowing that it is situations approaching that that drives our premiums up.
Who do you think is paying for stuff close to that...the insurer? Out of the kindness of their heart? No, we the other policyholders money for that.
If you can find an insurer who would go for thatgood luck...but would you want to be a policyholder of that insurer that compensated claims like that?
Do you enjoy medical insurance? There is no short-term or any other type of insurance is going to cover you for something that you know is going to happen.
Insurance is designed to protect you from out of the blue events, not ones you have planned already.
Even if you could find short-term disability insurance you may technically be committing fraud by taking it out if you knew within advance that you would be using the insurance.
When I have to miss two months of work I qualified for short term disability benefits through my emplyer. My HR associate help me through the process. It took about 3 weeks to process and it be only a portion of my income. I be lucky enough to enjoy accumulated abundantly of sick days and also used some of those. Also, if you or your husband has a flexible spending narrative you could access those funds to help next to medical costs.
check with your employer if this is a benefit, there's usually a waiting time of year once your enrolled earlier you can report a claim. It's not fraud to enroll with the intent of eventually using this bene. Alot of my body enroll in this knowing eventually (due to age) they would have need of surgery. This is not fraud, after all you clear for this out of your pocket through payroll deductions. Think of it as a reserves acct. for medical, sort of like a flex spending acct mentioned contained by another answer given. Trust me its not insurance fraud.
Well some of it depends on what state you live in. In California we
settle up a small amount to a state fund, that in the event resembling yours, you need surgery and it is tough to go lacking 2 incomes. We can file for state disability. It pays your 3/4 of what you take home, but is better than nothing. Aflac, and others presently probably would not cover you since you have a pre-existing condition. They copious just enjoy a waiting period tho, so I would check into them. Good Luck beside your surgery, and finding short term disability.
There are policies that discharge you a certain amount per sunshine while you are hospitalized. But you'd probably have to already enjoy the policy in force and you probably won't spend more than 4 days contained by the hospital so you wouldn't get much of a benefit from that. A lot of policies hold waiting periods or limitations on pre-existing conditions so if you don't already enjoy the coverage it's probably too late to gain coverage that you could actually use for this ailment.
I'd like to affix, that you may find yourself back at work sooner than you ruminate, depending of course on the spirit of your job. I have both of my hips replaced and, although I no longer work, I believe that I could have gone rear legs to my old errand at about the 5th or 6th week after my second THR. I be still using a single crutch and had trouble sitting for long period but my job required both sitting, standing, and walking around which be ideal for me. So, if you already own sick leave coverage for the first month, you may not lose as much income as you conjecture before you can return to work.
Good luck next to the new hip. Mine changed my go.
9. An insurance company sell single premium?
Question:
9. An insurance company sells single premium deferred annuity contracts near return linked to a stock index, the time-t plus of one unit of which is denoted by S(t). The contracts donate a minimum guarantee return rate of 3%. At time 0, a single premium of amount P is paid by the policyholder, and P*y% is deduct by the insurance company. Thus, at maturity (in one year), the insurance company will discharge the policyholder:
P*(1 - y%)*Max[S(t)/S(0), 1.03]
You are given the following information:
(i) Ignore any consideration of dividend payments.
(ii) S(0) = 100.
(iii) The price of a one-year european put option, near strike price $103, on the stock index is $15.21.
Determine y%, so that the insurance company does not make or lose money on this contract.
Answer:
Do your own homework.
Who wants an employee who can't do their post?
Can I overthrow Medicare & re enroll subsequent?
Question:
I have switch on working full time and the insurance at work is much better than medicare and cost less tha 1/4 of medicare. Can I drop medicare and can I take back contained by when I finally quit working?
Answer:
Yes you can. As long as you can show that you have have other insurance coverage, they will let you re-enroll inwardly 6 months of leaving your undertaking. That will also put you in unfurl enrollment so that no matter what vigour problems you have an insurance co must adopt you with no underwrite. I tell adjectives my clients that the longer you work for health insurance alone may be worth it if you resembling working. See if your employer offers the insurance as a minor to Medicare once you retire. Then you get impossible to tell apart great coverage, and usually is cheaper than paying for a supplement
If a credit card holder dies within a sudden calamity, afterwards is the kinfolk responsible to settle up rotten the dues ?
Question:
The card is an insurred card and the premium was one paid regularly. Inspite of furnishing adjectives necessary notarised documents, neither do the bank nor does the insurance company is working on it.
What steps should be taken in such cases?
Answer:
If a credit card holder dies, afterwards no one within the family will hold to pay for it. The credit card company will find some path to pay stale the balance. They usually travel after the holder's estate and they get remunerated first before kith and kin members.
In some cases, the credit card holder may enjoy a joint article. Such as a husband and wife sharing the same credit card. Then the cohesive holder will be responsible for paying off the match.
No. I wouldn't pay stale any of my family's debt.
should refer the question to the advocate handling the estate
the estate probably has to remuneration
the card's 'insurance' probably relates to unemployment
Legally speaking, it adjectives depends on what the "fine print" states. The card holder had to sign that agreement previously the card was issued.
If the card holder signed up for a plan stating that if contained by death, the sandbank will pay sour the debt, then you're not liable. If the TOS doesn't state that the issuer will recompense the debt off, after yes, the bank can extraordinarily well come after you.
Read every bit of fine print in attendance is. If you still feel as though the shield is being handle correctly, then contact the go before manager of the card's branch.
If adjectives else fails, you may obligation to seek a advocate, but then you'd enjoy to consider the amount of debt on the card versus lawyer fees... it may close up cheaper to just bite the bullet and discharge off the card.
One closing note: Even though I'm adjectives for keeping a clean credit gain... if the card holder has indeed died and they are the ONLY individual listed on that card (in other words merely their credit will be effected), then letting the collection agency come after them isn't going to wound you or anyone else. The person have died and obviously cannot clear the debt.
In the end, merely go rear over the TOS provided by the bank.
Check out what type of insurance the card holder have, then steal it to the lawyer who is handling the estate, or win whoever is looking after the will to take it to the estate attorney.
They will try to convince the family that they are responsible, you are not. For example, I own a friend who was divorced 7 years ago, her ex died 3 years ago. They own been bullying her since his passing to pay his debts, trying to convince her that she is somehow responsible that's bull****.
I suspect that the wall can come after the person's estate for the money, but cannot come after family member. Whoever is the executor for the estate (sometimes a lawyer, but it could be another party appointed in the will) should manipulate this.
If the person died minus a will, then things might become more complicated, but still -- the debt is owed by the estate and not by the family unit of the person, unless the credit card be a "joint" card with another own flesh and blood member. In that suitcase, there could be some liability.
Always read the fine print on any insurance. I hear more and more cases of insurance claims person denied -- of all kind. If you know your rights, then it is easier to combat when a problem comes up.
The family is NOT responsible, but the estate of the credit card holder IS. Whoever is handling the estate should be selling the things purchased, and looking at adjectives OTHER assets, to pay bad this card, until all assets of the estate are liquidate.
The executor of the estate should be handling this.
Regarding the insurance on the credit card, they should be able to let somebody know you what the holdup is - once they get the extermination certificate, it's pretty cut and dried.
You can database a complaint with your state insurance department.
What is the average home business liabilitly insurance monthly premium?
Question:
This would be an internet based business run out of my home, next to $2000 in sale a month.
Answer:
It is absolutely not true that the entrepreneur holds all the liability. If you get rid of the product that caused an injury, you are going to be a moment ago as liable as the manufacturer for the injury.
Lawyers are going to try to find as tons deep pockets as possible, so they will do after you and anything you have and your insurers.
So be sure to buy plenty of liability coverage.
Depends on what you're selling, where on earth you're located, and if you want product liability coverage, or property coverage, or straight liability coverage.
You're probably not going to be able to buy this on a "monthly" proof, I'd guess an annual premium for a low-hazard product, US liability only, $1,000,000 consideration would run around $1000 - $1800 a year.
if you want life collateral you have to check more info
http://www.freewebs.com/getinsurance...
I would suggest you contact your homeowners insurance company and inquire roughly speaking incidental business occupancy coverage. Many HO insurance carrier are allowing home businesses to be covered that are run out of the home.
Every company has for a time different spin on it so make sure you know exactly what they are offering.
As long as you don't own a business sign at the home and no customer traffic you should be able to receive it covered this way at a minimum amount of premium
That depends on what you're reselling, pesticides or childrens books.
Vanguard financial corp./first source funding is this a legit company. (they arn't vanguard group)?
Question:
this company said they will loan me money if i put insurance on it .i have to foot 1,000. for a 10,000. loan they are in westown pa can anyone support them for me. i just dont want to return with scammed.
Answer:
There is no insurance company called Vanguard Financial Corp. I couldn't find a BANK registered to that moniker, either.
If you can't draw from a loan from a regular bank, my guess is, it's a scam. If you CAN obtain money from a regular bank, do it - because a company that isn't nominated with AM Best for any insurance or banking, is a scam.
A lot of full-size companies have sub companies beside similar names. Westown is close to their corporate department and other area office... Best thing to do would be to hail as Vanguard. Look for a main number on their website. Actually, their website probably have a list of companies you could check, too.
We are within the same predigiment we be approved for $15,000 - but they want $1,500 up front. THEY ARE A TRUE COMPANY! HOWEVER, I CAN NOT FIND THE PROOF I NEED THAT THEY ARE LEGIT! If you look at the better business bureau www.bbb.org the have history of this company since 2004. There have be no complaints on them file within 3 years, however they are not a member of the bbb and I do realize not adjectives company's are members. I am still doing investigation, up to that time I just throw away my money.
Workman's comp?
Question:
I just recieved a workman's comp donate and i was in recent times wondering, if i accepted it today, how long will it cart to recieve the money?
Answer:
Anywhere between two weeks and 3 months.
States regulate this. However in most cases the everlasting disability settlement is paid by a persuaded amount a check each week untill the full amont is rewarded. In some cases a lump sum payment can be negotiate in finance.
I own my house but near no income. I own medical aid. What will it come to pass after I die?
Question:
Will government put a lien on my house and my children will be forced to earnings for the Medical Aid I have be having?
Answer:
If by "medical aid" you close-fisted Medicaid, then yes; the governing body does have a right to to appropriate the equity on your home upon your death. However, this now and then happens. The governing body would usually prefer to avoid the hassle of selling a seized property; and will simply underwrite the loss.
As for the recommendation of a reverse mortgage, this will not address your situation. Your heir will still be liable for the repayment of the equity of your home in decree to keep it. Also, the income from the reverse mortgage may affect your Medicaid eligibility.
Placing the house surrounded by a trust will only relieve if you do not die within five years of verbs. Assets transferred into a trust are subject to Medicaid qualification for five years.
You seem resembling a good prospect for a reverse mortgage. Have you investigated them? Basically the hill "buys" your house and pays you monthly. When you die the house is their property, but in the meantime you can bring back cash on your equity for living expenses.
Talk to a attorney. But I think you can put your house contained by a trust and there is nought they can do. But I would speak to a lawyer. Many will do an estate plan for a set price. And if at hand is no estate plan then the parliament gets theirs back your kids.
Your children are NOT responsible for your debts. But your estate IS - and your house is part of your estate.
So yes the establishment can put a lien on your house, and when it's sold after your death, the costs can be recovered, consequently the REST of the money goes into a pile, and your children will own to go through probate (assuming you don't own a will) which will cost MORE money, to divide up your remaining assets.
How long is semiannually?
Question:
i need to know how long semiannually is is it close to 6 years or something please answer my question
Answer:
its 6 months.. since at hand is 2 six month periods within a year. Semi is two and annually is the whole year.. so 6+6=12
youre a fxcking idiot
every 6 months
6 months
TWICE a year.
Twice a year. Why did you ask again?
twice a year!
twice per year (every 6 months)
every partially year (every six months)
Two times per year.
every 6 months
Semiannually is every 6 months.
Annually is 1x per year.
Twice a year. Every 6 months.
annual- 1 year
semi-half
semi-annual - every six months
every 6 months.
Your internet privileges are now revoked.
semi = partially and annually = yearly, so it's half-yearly or every six months.
virtuous question. 6 months.
sem·i·an·nu·al (sm-ny-l, sm-)
adj.
Occurring or issued twice a year
One year insurance rewarded in 2 or 4 payments. If your insurance is $1,000 a year you will seize a bill in 6 months for $500. or you can break that into 2 payments for a nominal surcharge usually around and extra $4.00 every 6 months.Which system a payment of $254. every 3 months.
dude twice a year
Six months.
Semiannually finances in six months time. For example if you are require to pay cheque your life insurance premium on semiannually that plan you have to clear your life insurance premium once surrounded by every six months.
How do you find out what Life Insurance Policies your husband/spouse have thieve out on you?
Question:
I am a woman in nonspecific good condition with no ailments or terminal disease. My husband have a $500,000 life insurance policy on me. I have originally signed a much lower amt to cover any funeral fees (the basic) for unexpected loss, however, he deliberately raise it this much to half a million dollars in need my knowledge. He currently have other life insurance policies, however, have mentioned it is only placed on him. I call the life insurance company surrounded by question and asked my policy to be delete, however, I was told that it be not possible because my spouse be the Primary holder of that account. ALSO, I be told that even after a divorce, he could still have that insurance on me and within wasn't anything I could do about it. I am currently divorcing him over this thing and we have 4 children. How do I find out adjectives of the insurance policies he may have on me and the kids?
Any push for would be appreciated.
Answer:
True, only the policy owner can quash a policy, or change the beneficiary. Once you pass permission, that's it.
HE can pilfer out as many policies as he wishes on the kids, too, because they are HIS, and you can't do a blessed thing roughly speaking it.
But as you found out, he needs YOUR say-so, to take out the policies on you - and you've with the sole purpose given permission for ONE policy, so that's adjectives there is.
If it's any consolation . . . $500,000 isn't an unreasonable amount of insurance to switch him raising 4 kids on his own. There's some expense in attendance, ya know?
ask your attorney to find out for you.
he can do so..
you may even get the policies converted over to you as cut of the divorce settlement. esp the ones on the children.
You should already know. You have to catch a physical for 99.99% of insurance companies issuing over 100k. If you had a physical, bloodwork etc, next he might just be taking out more insurance. Advice- stop getting insurance physicals and your problem will stop.
What does it aim to receive licensed? Is that different than a regular business license?
Question:
Answer:
Getting a "License" means that the trade contained by question have certain compulsory knowledge associated beside said trade.. For example, I am a builder and am required to be "Licensed" by the state to ensure that I am familiar next to and able to produce work that is to say at the slandered of the states building code requirements... Same goes for Real estate, plumbing, electrical, doctors etc... It is different later a business license
Get licensed for what?
Well, depends on your context. In order to flog some financial products, including insurance, you must have a "license" which channel you've passed a backround check, paid a duty, and passed a competency test.
Insurance company wont clear for my gutter because they voice it wasnt breezy satisfactory. Is near anything i can do?
Question:
it was really stormy but they say it be 39mph and they only settle up out at 47mph +
Answer:
Yes, get your guttering sorted. Storm does not raison d`¨ºtre this kind of break.Look up the Beaufort weather scale 39mph is 33\34 knot per hours this is not storm. FOS guide line is 44 knot. The insurance company 47 mph in knot is is 40 knots so as you can see you not really close as the mph indicates.
Sorry, but guttering is also surrounded by lots of insurance excluded.
First of all a gutter is a cheap (relatively) piece to replace on your house.
Is the deductible smaller amount or more than the cost of a new gutter?
If its smaller number by a few hundred--then that's an issue & you may want to go check beside your local weather service if they can give you a hardcopy of how breezy it was when your gutter come off.
Although most gutter work can be done by yourself beside some basic scholarship picked up at the hardware store.
Good luck.
Simple go out,acquire a friend to go round burn the house to the ground. See how the insurance company approaching that,they will wish they have paid for some gutters after adjectives.Enjoy your stay in the hotel while your place is man rebuilt,don't forget to report them,you had some priceless art work on the walls as capably... TTFN
In my opinion insurance is the biggest legally recognized fraud, they are always so contented to take your money but not that great when it comes to have a claim. Just put your money in your guard account, tolerate it gain interest and when you have a problem you can sort it yourself.
Challenge it and recount them you intend to claim through small claims courts they will pay.
I've never see a homeowners policy that actually stated how strong the wind have to be blowing in proclaim for them to pay. Besides, even if the interweave was blowing 39 mph, interweave gusts happen adjectives the time so the reason you are stating that they aren't paying really doesn't produce sense.
You have a deductible on your policy. It is promising that the damage is underneath the deductible so there is nil to pay. Gutters aren't adjectives that expensive to repair so if you had a $500 deductible, it's probably smaller number than the deductible.
The other possibility that I can think of is that the gutter didn't decline because it was breezy. The gutter fell because it was surrounded by a state of disrepair. If they sent an adjuster out there and found that ALL of your gutters are around to fall down, and the plea they are falling is because you aren't keeping them repaired, then they may be blaming the gutter falling on the reality that you aren't maintaining the house.
Not paying because it wasn't blowy enough make no sense. Insurance policies cover wind ruin. There is no minimum and maximum MPH the wind have to be blowing.
If they denied your claim, you would have gotten a denial memorandum from them stating the reason the claim be denied. What does the letter right to be heard?
Take your complaint to your state's Department of Commerce / Insurance Commissioner.
I've never heard of a homeowner's policy that define how windy it requests to be to pay out a claim, so explicitly suspect right there.
The Insurance Department can answer your question and if necessary they can sustain you resolve it, if they can help you this is a better route to do it rather than trying to drag it through the court system, even the small claims system.
Good Luck.