Delay of two years and lack of evidence do not prevent recovery

Leaky windows and doors were the subject of a suspended two year investigation after the insured failed to independently resolve a claim with the builder.  Stutman Law received a “new” assignment for damages related to an alleged construction defect almost two years after the loss occurred.

After receiving the loss, Stutman Law learned that no investigation had ever taken place and no evidence from the alleged defect remained. Complicating matters even more was the fact that no one could agree that a defect ever existed. Though the insured claimed there was one, the insured was unable to describe, with any specificity, the nature of the defect.

Despite substantial obstacles, Stutman Law was able to assemble the right team of experts and begin the task of systematically eliminating all possibilities until only one remained. The investigation was so convincing that the defendants changed their position in writing from “eager to defend” to “eager to settle.” Two years after the loss occurred and with no physical evidence remaining, Stutman Law recovered over 60% of paid damages without taking the matter to suit.

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