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bajateresa
Junior Nomad
Posts: 25
Registered: 11-16-2007
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$ from hurricane insurance claims?
has anybody rec'd money from their insurance company on claims of damage from the hurricane?
we did not suffer damage big enuff to file a claim with Bancomer, our insurer, but several folks on our beach did, and yesterday a few rec'd an email
from Bancomer denying their claims. the stated reason was "Article 70," and none of our friends has a policy enabling them to look up Article 70...
some imagine that the plan may exclude hurricane damage to homes located too close to the water...
on Monday some of these friends plan to head to Bancomer in Mulege to get the skinny on Article 70 and, hopefully, file an appeal....
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Lauriboats
Senior Nomad
Posts: 563
Registered: 9-6-2006
Location: Mulege/Bahia Asuncion
Member Is Offline
Mood: Loving life in Baja
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I guess that we are the lucky ones, our house is next to the water 8 miles south of Mulege. Our insurance adjuster from ING was at our house within
two weeks, he spoke english and our money was deposted into our Bancomer account three weeks after our contractor submitted the bid.
What we see depends mainly on what we look for.
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woody with a view
PITA Nomad
Posts: 15939
Registered: 11-8-2004
Location: Looking at the Coronado Islands
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Mood: Everchangin'
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i'm thinking that they came up with 69 reasons why they SHOULD pay your claims. then the new guy chimed in with what they will tell you when you sit
down with them.
good luck. there is power in numbers. don't take their crap. they're trying to stall.
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CasaManzana
Nomad
Posts: 398
Registered: 7-4-2004
Location: Was Mulege:Posada Beach/now Zihuatanejo
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Mood: Naykid
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One of those is me........
We did in fact get a 'rejected' notice from our Bancomer claim that stated "Article 70" in the policy as the reason. Is there ANYONE out there with a
Bancomer policy who can look up to see what Article 70 really is??????? Four of us at Posada are in the same "claim rejected" boat.
Things are expensive, but at least we get a free trip around the sun once a year
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Santiago
Ultra Nomad
Posts: 3531
Registered: 8-27-2003
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I have a feeling this is a stupid question but don't you get a copy of the policy when, or shortly thereafter, you pays your monies? How else do you
know what you are buying?
Does essence predate existence?
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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| Quote: | Originally posted by Santiago
I have a feeling this is a stupid question but don't you get a copy of the policy when, or shortly thereafter, you pays your monies? How else do you
know what you are buying? |
Santiago,
This is probably a question many other Nomads were wondering.
Love to hear the answer.
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capt. mike
Elite Nomad
Posts: 8085
Registered: 11-26-2002
Location: Bat Cave
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Mood: Sling time!
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i heard those with ins. from ING did ok.
why do they call it a bank "trust"....
if that happened to me i'd go straight to the bank and lift el diablo.
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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CasaManzana
Nomad
Posts: 398
Registered: 7-4-2004
Location: Was Mulege:Posada Beach/now Zihuatanejo
Member Is Offline
Mood: Naykid
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Bancomer policy........???
"We don't got no stinkin' policy mon". Of the (at least) six here at Posada Concepcion with Bancomer home insurance, NONE were ever issued a policy
that was promised. Should have been the squeaky wheel I guess.
Things are expensive, but at least we get a free trip around the sun once a year
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toneart
Ultra Nomad
Posts: 4901
Registered: 7-23-2006
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Mood: Skeptical
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Looks like it is time to get lawyered up. U2U me if you want a good referral.
You might also try Julieta at the Notario in Santa Rosalia. She is pretty knowledgeable and connected. She can poke around and get answers. Another
source for help is Carlos Milon at the internet shop across from Equipales.
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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| Quote: | Originally posted by toneart
Looks like it is time to get lawyered up. U2U me if you want a good referral.
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You mean, time to throw some good money after bad.
I would be thoroughly embarrased having to admit not having any paperwork outlining what I paid my money for.
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CasaManzana
Nomad
Posts: 398
Registered: 7-4-2004
Location: Was Mulege:Posada Beach/now Zihuatanejo
Member Is Offline
Mood: Naykid
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NOT without paperwork....POLICY
Exactly what we walked out with- an outline of the coverage we expected to get. Details like the coverage for electronics theft, fire damage,
HURRICANES, earthquakes etc are all outlined on this one page sheet titled, in the upper right corner, POLIZA DE SEGURO = INSURANCE POLICY.
Things are expensive, but at least we get a free trip around the sun once a year
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toneart
Ultra Nomad
Posts: 4901
Registered: 7-23-2006
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Mood: Skeptical
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Yes! That is the whole policy. It is the same with other Mexican Insurance companies too. Also, it is a legal document, written in Spanish. The two
insurance companies I dealt with for T.S. John and T.S. Julio additionally issued a one page duplicate in English, but that one in Spanish is your
legal policy.
Unfortunately, I wasn't covered for Hurricane Jimena...the worst in history and the one that did the most damage. The company that I was insured by
for T.S. Julio stalled with their payment. By the deadline to renew, they hadn't paid my claim for last year yet. I finally got the payment
My adjuster had stopped communicating with me. He and his department would not answer my emails. My agent, who lives in Texas persevered for me and
finally got the check for me, a year later, in September, but way too late to get protected this year. The other company, for T.S. John was even
worse! They all play these stalling games and hope you will just give up. Having said that, some got checks right away. Go figure.
Your situation is different in that you and others received denials for your claims. I realize that it is Mexico, but they solicited these policies. I
remember the signs in the Mulege branch. This is a real breach of faith and probably illegal for them to deny. I think it can be reversed with the
right person going to bat for you.
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Phil S
Super Nomad
Posts: 1205
Registered: 10-28-2003
Member Is Offline
Mood: After 34 years. Still in love w/ my wife
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Sounds to me like BanComer just stuck the money in their pockets. If there is a banking regulatory somewhere in Mexico, I'd write them a letter and
ask for them to investigate.
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arrowhead
Banned
Posts: 912
Registered: 5-5-2009
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| Quote: | Originally posted by CasaManzana
Exactly what we walked out with- an outline of the coverage we expected to get. Details like the coverage for electronics theft, fire damage,
HURRICANES, earthquakes etc are all outlined on this one page sheet titled, in the upper right corner, POLIZA DE SEGURO = INSURANCE POLICY.
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I can read you coverage page when I blow-up the size of the image you posted.
1) The policy expired 5/23/2009
2) Your coverage was for: Fire, Earthquake, Robbery and Public Liability. There is no stated coverage for flood or wind damage.
Save the money on a lawyer, unless you have some more to show, you are not covered.
No soy por ni contra apatía.
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
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Can you read where it says " Riesgos Hidrometerioligicos " ?
Doesn't that mean "weather hazards"; such as floods and winds ?
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Riom
Nomad
Posts: 492
Registered: 12-17-2004
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| Quote: | Originally posted by toneart
Yes! That is the whole policy. It is the same with other Mexican Insurance companies too. |
My broker in San Felipe (Alani's) does always give me a copy of my full 24 page household policy from Seguros Atlas (in Spanish).
Bancomer also have a "general conditions" for one of their household policies (doesn't have a cláusula 70 though, no idea if it is the same policy):
http://www.segurosbancomer.com.mx/seguros/pdf/cghogar.pdf
Given that it does exist (since there's an example online), Bancomer should provide a document explaining the clause. The "condiciones generales"
applicable to that policy are what to ask for.
Rob
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arrowhead
Banned
Posts: 912
Registered: 5-5-2009
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| Quote: | Originally posted by Diver
Can you read where it says " Riesgos Hidrometerioligicos " ?
Doesn't that mean "weather hazards"; such as floods and winds ? |
You may be right Diver. I cannot make out that word too well on my old CRT monitor, but now that you tell me what you see, I think it is "Riesgos
Hidrometerioligicos". Manzana is going to have to get a copy of the definition of coverage document that goes with the one page. It may either include
or exclude "huracáns" and windstorms in Hidrometerioligicos.
UPDATE: It occured to me when mentioning the definitions of coverage that there can't possibly be an "Article 70" in the insurance policy. Those
things are only short pamphlets. Then I remembered something from long ago and looked it up. Mexico has a "LEY SOBRE EL CONTRATO DE SEGURO", which is
a federal law regarding insurance companies and policies. There is an "Artículo 70" in that law:
Artículo 70.- Las obligaciones de la empresa quedarán extinguidas si demuestra que el asegurado, el beneficiario o los representantes de ambos,
con el fin de hacerla incurrir en error, disimulan o declaran inexactamente hechos que excluirían o podrían restringir dichas obligaciones. Lo mismo
se observará en caso de que, con igual propósito, no le remitan en tiempo la documentación de que trata el artículo anterior.
I can give a rough translation:
Article 70 - The obligations of the company will be canceled if it shows that the insured, the beneficiary or the representatives of both, in
order to cause a payment in error, conceal or state inaccurate facts that, if known, could restrict or exclude such obligations of the company.
Likewise, the same would occur if, for the same purpose, the insured does not timely submit the documentation required by the previous article.
At least now Manzana may know what questions to ask next.
http://www.diputados.gob.mx/LeyesBiblio/pdf/211.pdf
No soy por ni contra apatía.
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CasaManzana
Nomad
Posts: 398
Registered: 7-4-2004
Location: Was Mulege:Posada Beach/now Zihuatanejo
Member Is Offline
Mood: Naykid
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a couple more tidbits......
Yes, that 5/23/09 date to expire was IF the polocy was paid annually. In my case they are taking a ongoing monthly deduction from my (required)
Bancomer account. And I should add that the two Bancomer insurance adjusters who were here eight days after Jimina, taking pictures and handing out
forms, did say my policy was in effect to cover my storm damage.
Things are expensive, but at least we get a free trip around the sun once a year
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Santiago
Ultra Nomad
Posts: 3531
Registered: 8-27-2003
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AppleHouse: Thanks for posting the cover page and the resulting explanatory posts. I find this stuff fascinating. Surely Bancomer is not the
insurance company; aren't they just marketing this to their customers for some other insurance company for a piece of the profits?
Does essence predate existence?
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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
Member Is Offline
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| Quote: | Originally posted by Diver
Can you read where it says " Riesgos Hidrometerioligicos " ?
Doesn't that mean "weather hazards"; such as floods and winds ? |
That is what it would seem to me. I also
noticed that right above that it explicitly excludes volcanic eruptions but I see no exclusions for wind or flood. Hopefully you will be able to reach
some resolution without going to court, in my experience Mexican court cases go on for 7-10 years with the only winners being the abogados.
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