Historical Summer 2025 article. Dates, prices, services and contacts describe the source period; current availability has not been established.
As a proud member of the Skinker-DeBaliviere neighborhood, it broke my heart to see the devastation that tore through our community.
As a new resident, I chose this neighborhood for its character and charm, and I want to see us return.
However, as a personal injury lawyer who regularly deals with insurance adjusters, I know that the most challenging part of the storm is not the tornado itself, but rather the protracted process of dealing with the companies that have happily collected your premiums for years.
My firm generally handles car crashes and slip-and-fall cases, but many of the principles remain the same.
I am hopeful that this will help our community get back to normal and restore the historic and beautiful neighborhood we call home. NOTE: The information below is for informational purposes only and does not constitute legal advice.
If you believe you may require legal counsel, you should seek it from an attorney licensed in your jurisdiction. 1. Document the Damage Use your phone and take pictures of all of the devastation. Make sure to save the photos somewhere in addition to your phone in case your phone stops working. Take more pictures than you think you will need. Identify all new cracks, breakage, shingles, broken joints, everything. Remember, though, you must identify tornado damage honestly. Do not give the adjusters any ammo to think that you inflated your claim.
If you have personal property damage coverage, you need to also document as much as you can. Take pictures of personal property that was lost, as well as information about the product: make and model, year, dimensions, etc.
This will come in handy.
If you can also find your receipts for how much you paid for the items, save those as well. 2. Contact your Insurance Company and file your claim. Ensure that you maintain constant contact with your insurance company. Try to communicate by email as much as possible as a way to keep everything in writing.
However, for urgent matters (such as the need to get something fixed as soon as possible to prevent further damage), you can call them. Be aware: insurance companies regularly record your phone calls. Be honest, be polite, but do not give them anything more than you have to.
The insurance company can misinterpret even statements like “We’re doing okay” to minimize the extent of the damage.
If you need something fixed urgently to prevent further damage (such as your roof tarp falling off and exposing you to the elements), notify your insurance company immediately. You want to be able to say that you gave the insurance company enough time (and notice) that the claim would get worse without intervention. Insurance companies often claim that your failure to provide notice either contributed to the harm or violated a policy term.
When in doubt, let them know. 3. Get a copy of your insurance policy Every homeowner’s (or rental) policy differs, but they are all contracts. Insurance companies intentionally write these policies to be confusing and impossible for the average person to understand. Still, you should get a copy and review it to understand what your coverage includes (and excludes) so you do not inadvertently say something that falls outside of coverage. 4. Get your place inspected, ideally twice! Your insurance company will send an adjuster (sometimes referred to as a “field adjuster”) to inspect your house. Point out everything that the tornado damaged.
Please do not assume they can or will see the damage; point out every single thing that they need to fix. Once the field adjuster has completed their evaluation, they begin working on the claim report, determining the value of the claim. Generally, their software works like this: First, the adjuster plugs in the broken condition (i.e., broken window) into a software that (allegedly) has “reasonable and customary” rates to repair that part.
These “reasonable and customary” rates are generally arbitrary and not tied to market conditions or actual need (such as a tornado striking an entire swath of St. Louis). That software will then spit back a number representing the “value” of the claim to repair it.
The adjuster will then provide you with an offer for the value of the claim (whatever number the computer generated).
This number is, for the most part, a lowball offer.
But that is where the negotiations start. Then, you should have your own inspection done with your own estimates: have an actual contractor come out to provide you with an estimate. Ensure that they know that you need to know the exact value – sometimes people provide low estimates in the hope of making a sale. Let them know that you need to know the full expected cost, including materials. Repeat this process for various tasks, such as roofing, construction, masonry, and stained-glass repair, among others. Collect these estimates and return to the adjuster to continue negotiations.
A similar process occurs with your personal property: they will look up the cost to repair or replace, and you can do the
same. For certain priceless items, you may need an appraiser. 5. Negotiate the Settlement Value Once you have your independent appraisals in hand, return to the adjuster and counter.
Most people do not negotiate in real life, and it can feel foreign. You must be firm but reasonable.
If you had an independent evaluation, point out the differences in the qualifications of the adjuster vs. the contractor. Likely, the contractor has minimal training in structural engineering and other education versus your contractor who has been working in the field and has education in exactly how to fix the problem. 6. Receive your check and start the repair Once you have “established” the value of the claim and you have agreed to the scope of the repair, you can get authorization to begin the construction. Keep an eye on the construction, and if it appears to be more expensive, contact your contractor to obtain the necessary documentation to supplement your insurance claim.
If the contractor discovers a previously undetermined but necessary repair, you may be able to seek further compensation. NOTE: Do not begin work on your own property or authorize contractors to begin work without first establishing the value of the repair. Insurance companies may claim that you incurred unnecessary expenses by using a contractor that was “too expensive” and leave you with the bill.
This does NOT apply, however, to emergency repairs (such as tarping) or other mitigation to making sure the claim does not get worse. OR 6. Litigation Sometimes reasonable (and unreasonable) minds can differ.
If you cannot reach a reasonable settlement with the insurance company and believe you should receive more, you have several options available. Speak with an attorney – like yours truly – to see if you may have a claim for breach of contract. Summary The claims process is inherently complex. Remember: honesty and politeness are your most effective tools here. Let your eventual lawyer be the mean one. Not all insurance claims have to be aggravating and litigious, but if you approach them the right way from the start, you can be well-prepared when your lawyer needs to fight for you. Important Terms to Know in Your Claims Process Many of the terms you will encounter in this process may be confusing or sound similar to other terms.
Here is a brief overview of the general meaning of these terms and concepts. Make sure to refer to your insurance policy for the exact definitions they will use.
However, insurance companies intentionally use terms to confuse their meanings. Types of Coverage: – Dwelling: This refers to the main structure of the house. Generally, everything connected to the main house is considered part of the dwelling. – Other Structures: This refers to other buildings on your property. For most people, that means the garage or carport, although it could also refer to a tool shed or a pool house. – Personal Property: the actual items inside your home.
This can become messy if there is a debate about whether something is part of the dwelling or not, such as a ceiling fan. – Loss of Use: This refers to the loss of your property as your primary residence.
In some policies, this also can cover “alternative living expenses,” meaning the cost of a hotel or Airbnb while your house is uninhabitable due to damage or construction. Coverage Inclusions: These are the “perils” that your property is insured against. Generally, they are pretty much anything that causes damage to your home. For the tornado, it is going to be “wind.” Coverage Exclusions: These are the things that the insurance company claims it will not cover.
Some are obvious (war, acts of terrorism), while others are confusing (such as floods, which differ from rain damage for some reason). Coverage Modifications: These are additional addendums and riders to the insurance policy that modify the underlying coverage. For example, GEICO has a standard policy that it issues to all homeowners nationwide, but it has a specific modification for Missouri policies.
These are generally done based on stuff they cannot get away with in Missouri, or things they can get away with in Missouri that they cannot get away with elsewhere.
The terms in these modifications can either replace or add to the terms, coverage, and conditions in the other sections. So, just because you seem to be good in the main document, make sure to check the modifications! “Actual Cash Value” vs “Replacement Value” These terms are confusing and can be contradicted in the document. Generally, “Actual Cash Value” refers to the fair value of the item, less depreciation, whereas “Replacement Value” represents the cost to replace the item, regardless of depreciation. “Depreciation” refers to the decrease in value of an item as it ages and becomes more worn out.
There are tax guidelines that determine
how much something can be depreciated. Consider this: let's assume a TV broke during the tornado. Under a “Replacement Value” compensation, the insurance company must pay you what it would take to replace a TV “of the like kind and quality” (meaning: not the same TV, but something close enough similar).
However, if you had “Actual Cash Value,” the insurance company would instead look at the facts of the TV’s worth and give you that. (If you bought the TV a few years ago for $100, they would give you a check for the value of the TV as it was before the damage. So, it is likely not $100.
It is essential to note that Actual Cash Value does not necessarily equate to paying you the fair market value. Just because Best Buy is selling that TV for $100 does not mean that they must give you $100 for the TV.
But – you can use it as a negotiating tool. Special Limits of Liability: Certain items of personal property have specific loss limits. For example, some policies cap the total amount of damages for watches at a certain amount, such as $1,500. That means that if you had a watch that costs more than $1,500, or a few watches that cost more than $1,500, they would not be insured. Keep a careful eye, though: many of these exclusions are only due to “theft,” not other incidental damages. About the Author Zachary M. Brand, Esq., is a bornand-bred St. Louisan and SkinkerDebaliviere resident. Mr. Brand runs a personal injury law firm, Brand Injury Law, LLC, dedicated to helping people fight for the justice they deserve and stand up to the insurance companies. Mr. Brand has worked for both Plaintiff and Defense firms, which has given him insight into how both sides approach cases. Mr. Brand handles claims involving motor vehicle accidents, slip and fall incidents, premises liability, dog bites, and first-party insurance claims.
If you would like to know more, contact zbrand@ brandinjurylaw.com.
If you or a loved one has been injured, take a stand.
Call Brand. Note About the Contents Herein THIS IS PURELY FOR REFERENCE AND SHOULD NOT BE CONSIDERED LEGAL ADVICE.
This is a quick reference guide to the extreme basics of the home insurance claims process.
The process is intricate and complex, and contains a lot of nuance that occurs on a case-by-case basis. Multiple factors affect your claim, including the situation of your loss, the insurance policy you have, the terms and exclusions, and many other factors.
These articles are intended to serve as a starting point to help demystify the process and provide guidance to individuals who are (hopefully) undertaking this for the first and last time.
If you have further questions, please get in touch with an attorney who can provide additional assistance with the process. Be aware that your claim has a statute of limitations, which limits the timeframe within which you can begin your claim.
Originally published in The Times of Skinker-DeBaliviere, Summer 2025.
Read this article in the original newspaper issue.
Archival transcription note: Printed contractor compared with contractor where contrast may intend adjuster; wording retained without repair. Literal HTML entity let's visible in original page seven retained as print artifact. Repeated section six and missing parenthesis retained.
Original source: SD_Times2025_06.pdf, printed page(s) 1, 2, 3, 7; PDF page(s) 1, 2, 3, 7.
