FIRST-PARTY PROPERTY DAMAGE DEMAND LETTER
State of New Hampshire
[LAW FIRM LETTERHEAD]
PRIVILEGED AND CONFIDENTIAL
SETTLEMENT COMMUNICATION - FOR RESOLUTION PURPOSES ONLY
PROTECTED UNDER NH RULES OF EVIDENCE AND F.R.E. 408
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [ADJUSTER_EMAIL]
Date: [DATE]
[INSURANCE_COMPANY_NAME]
[PROPERTY_CLAIMS_DEPARTMENT_ADDRESS]
[CITY], [STATE] [ZIP]
Attention: [ADJUSTER_NAME], [ADJUSTER_TITLE]
Re: FORMAL DEMAND FOR PROPERTY DAMAGE CLAIM - NEW HAMPSHIRE LAW
Insured: [INSURED_NAME]
Property Address: [PROPERTY_ADDRESS]
Policy Number: [POLICY_NUMBER]
Claim Number: [CLAIM_NUMBER]
Date of Loss: [DATE_OF_LOSS]
Type of Loss: [LOSS_TYPE]
Coverage Limits: [COVERAGE_LIMITS]
Response Deadline: [RESPONSE_DEADLINE]
Dear [ADJUSTER_NAME]:
I. INTRODUCTION AND NATURE OF DEMAND
This firm represents [CLIENT_NAME] ("our client") in connection with the above-referenced property damage insurance claim arising under New Hampshire law. This letter constitutes a formal demand for payment of all policy benefits owed for covered losses sustained at [PROPERTY_ADDRESS].
Having represented policyholders in New Hampshire for decades, the pattern in this case is all too familiar: a legitimate claim, a covered loss, and an insurer that has [DELAYED PAYMENT/UNDERVALUED THE LOSS/DENIED COVERAGE WITHOUT JUSTIFICATION].
II. NEW HAMPSHIRE PROPERTY INSURANCE LAW
A. Prompt Payment Requirements
Under New Hampshire law:
RSA 417:4 - Unfair claims settlement practices
B. Appraisal Provisions
No mandatory appraisal statute; governed by policy terms
C. Bad Faith Standard
New Hampshire provides statutory remedy under RSA 417:4 for unfair claims practices. Private right of action available for violations. Must show unfair settlement practice occurred. Lawton v. Great Southwest Fire Ins. Co., 392 A.2d 576 (N.H. 1978).
D. Available Remedies
Actual damages, and consequential damages caused by unfair practices
III. POLICY INFORMATION AND COVERAGE
A. Policy Details
| Item | Information |
|---|---|
| Named Insured | [INSURED_NAME] |
| Policy Number | [POLICY_NUMBER] |
| Policy Type | [POLICY_TYPE] |
| Policy Period | [POLICY_PERIOD_START] to [POLICY_PERIOD_END] |
| Property Address | [PROPERTY_ADDRESS] |
| Property Type | [PROPERTY_TYPE] |
B. Applicable Coverage and Limits
| Coverage | Limit | Deductible |
|---|---|---|
| Dwelling (Coverage A) | $[DWELLING_LIMIT] | $[DEDUCTIBLE] |
| Other Structures (Coverage B) | $[OTHER_STRUCTURES_LIMIT] | |
| Personal Property (Coverage C) | $[PERSONAL_PROPERTY_LIMIT] | |
| Loss of Use (Coverage D) | $[LOSS_OF_USE_LIMIT] |
C. Coverage Analysis
The loss is clearly covered under New Hampshire law interpretation principles because:
- The cause of loss is a covered peril
- The damage occurred during the policy period
- The property is covered property
- No exclusions apply
- All policy conditions have been satisfied
IV. THE LOSS EVENT
A. Description of Loss
On [DATE_OF_LOSS], the insured property at [PROPERTY_ADDRESS] sustained significant damage due to [DESCRIBE_LOSS_EVENT].
[DETAILED_NARRATIVE]
B. Cause and Origin
The cause of the loss was:
- Fire (accidental/electrical/HVAC/other)
- Water damage (plumbing/appliance/roof/storm)
- Wind/Windstorm
- Hail
- Hurricane/Named Storm
- Tornado
- Lightning
- Theft/Vandalism
- [OTHER_CAUSE]
C. Mitigation Efforts
Our client took immediate steps to mitigate damage as required under New Hampshire law:
| Date | Action | Provider | Cost |
|---|---|---|---|
| [DATE_1] | [ACTION_1] | [PROVIDER_1] | $[COST_1] |
| [DATE_2] | [ACTION_2] | [PROVIDER_2] | $[COST_2] |
V. CLAIM HISTORY AND INSURER'S RESPONSE
A. Claim Timeline
| Date | Event |
|---|---|
| [DATE_OF_LOSS] | Date of loss |
| [CLAIM_REPORT_DATE] | Loss reported |
| [INSPECTION_DATE] | Property inspected |
| [ESTIMATE_DATE] | Estimate issued |
| [PAYMENT_DATE] | Payment issued: $[INITIAL_PAYMENT] |
B. Insurer's Position and Our Response
[CARRIER_SHORT_NAME] has [DESCRIBE_INSURER_POSITION].
This position is unreasonable under New Hampshire law because [EXPLAIN_WHY_WRONG].
VI. DAMAGES AND CLAIMED AMOUNTS
A. Dwelling Damage (Coverage A)
| Category | Amount |
|---|---|
| Structural Damage | $[STRUCTURAL] |
| Systems (Electrical/Plumbing/HVAC) | $[SYSTEMS] |
| Interior Finishes | $[INTERIOR] |
| Overhead & Profit | $[O_AND_P] |
| TOTAL DWELLING | $[TOTAL_DWELLING] |
B. Other Structures (Coverage B)
$[TOTAL_OTHER_STRUCTURES]
C. Personal Property (Coverage C)
| Category | Replacement Cost |
|---|---|
| Furniture | $[FURNITURE] |
| Electronics | $[ELECTRONICS] |
| Appliances | $[APPLIANCES] |
| Clothing | $[CLOTHING] |
| Other | $[OTHER] |
| TOTAL | $[TOTAL_PP] |
D. Loss of Use (Coverage D)
| Category | Amount |
|---|---|
| Temporary Housing | $[HOUSING] |
| Increased Expenses | $[EXPENSES] |
| TOTAL | $[TOTAL_ALE] |
E. Claim Summary
| Coverage | Claimed | Paid | Balance Due |
|---|---|---|---|
| Coverage A | $[A_CLAIMED] | $[A_PAID] | $[A_DUE] |
| Coverage B | $[B_CLAIMED] | $[B_PAID] | $[B_DUE] |
| Coverage C | $[C_CLAIMED] | $[C_PAID] | $[C_DUE] |
| Coverage D | $[D_CLAIMED] | $[D_PAID] | $[D_DUE] |
| Mitigation | $[MIT_CLAIMED] | $[MIT_PAID] | $[MIT_DUE] |
| SUBTOTAL | $[SUBTOTAL_DUE] | ||
| Less Deductible | ($[DEDUCTIBLE]) | ||
| TOTAL DUE | $[TOTAL_DUE] |
VII. OVERHEAD AND PROFIT
Our client is entitled to general contractor overhead and profit because:
- The repairs require coordination of multiple trades
- The scope and complexity exceeds simple repairs
- A general contractor is reasonably necessary
- Industry standard is [___]% overhead and [___]% profit
[CARRIER_SHORT_NAME]'s refusal to include O&P is contrary to New Hampshire law and industry standards.
VIII. APPRAISAL DEMAND (IF APPLICABLE)
A. Invoking Appraisal
Due to [CARRIER_SHORT_NAME]'s failure to fairly evaluate this claim, we hereby invoke the appraisal process under the policy and New Hampshire law.
We appoint [APPRAISER_NAME] as our client's appraiser.
Please provide [CARRIER_SHORT_NAME]'s appraiser within [NUMBER] days.
B. Scope of Appraisal
The following items are submitted to appraisal:
- Amount of loss to dwelling (Coverage A)
- Amount of loss to other structures (Coverage B)
- Amount of loss to personal property (Coverage C)
- [SPECIFIC_DISPUTED_ITEMS]
Note: Coverage questions are reserved for litigation.
IX. STATUTORY VIOLATIONS AND BAD FAITH
A. New Hampshire Prompt Payment Violations
[CARRIER_SHORT_NAME] has violated RSA 417:4 - Unfair claims settlement practices by:
- [VIOLATION_1]
- [VIOLATION_2]
- [VIOLATION_3]
B. Unfair Claims Settlement Practices
[CARRIER_SHORT_NAME] has violated RSA 417:4 by:
- Misrepresenting pertinent facts or policy provisions
- Failing to acknowledge and act promptly on communications
- Failing to adopt reasonable investigation standards
- Not attempting good faith settlement when liability is clear
- Compelling litigation by offering substantially less than owed
- Failing to provide reasonable explanation for denial/delay
C. Bad Faith
Under New Hampshire law:
New Hampshire provides statutory remedy under RSA 417:4 for unfair claims practices. Private right of action available for violations. Must show unfair settlement practice occurred. Lawton v. Great Southwest Fire Ins. Co., 392 A.2d 576 (N.H. 1978).
Available remedies include: Actual damages, and consequential damages caused by unfair practices
X. DEMAND
A. Monetary Demand
We demand payment of $[TOTAL_DEMAND]:
| Item | Amount |
|---|---|
| Dwelling (Coverage A) | $[A_AMOUNT] |
| Other Structures (Coverage B) | $[B_AMOUNT] |
| Personal Property (Coverage C) | $[C_AMOUNT] |
| Loss of Use (Coverage D) | $[D_AMOUNT] |
| Mitigation | $[MIT_AMOUNT] |
| Statutory Interest/Penalties | $[PENALTIES] |
| SUBTOTAL | $[SUBTOTAL] |
| Less Deductible | ($[DEDUCTIBLE]) |
| Less Prior Payments | ($[PRIOR_PAYMENTS]) |
| TOTAL DUE | $[TOTAL_DUE] |
XI. RESPONSE DEADLINE AND CONSEQUENCES
This demand must be accepted by 5:00 p.m. [TIME_ZONE] on [RESPONSE_DEADLINE].
Consequences of Non-Response
If [CARRIER_SHORT_NAME] fails to accept this demand:
-
Litigation will be filed in New Hampshire seeking:
- All policy benefits
- Statutory penalties and interest
- Bad faith damages
- Punitive damages (where available)
- Attorney's fees and costs -
Regulatory complaints will be filed with:
- New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301
- National Association of Insurance Commissioners -
Appraisal will be invoked (if not already)
XII. DOCUMENT PRESERVATION NOTICE
This letter serves as notice to preserve all documents and ESI related to this claim.
XIII. CONCLUSION
[CARRIER_SHORT_NAME] sold our client a policy promising protection against property losses. That loss has occurred. The coverage is clear. The only thing missing is payment.
Respectfully submitted,
[LAW_FIRM_NAME]
By: _______________________________
[ATTORNEY_NAME]
[BAR_NUMBER]
[ADDRESS]
[CITY], NH [ZIP]
[PHONE]
[EMAIL]
Counsel for [CLIENT_NAME]
ENCLOSURES:
- Policy declarations page
- Relevant policy provisions
- Contractor estimates
- Photographs of damage
- Personal property inventory
- Supporting documentation
CC:
- [CLIENT_NAME]
- [MORTGAGEE_NAME] (if applicable)
- New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301
NEW HAMPSHIRE PROPERTY INSURANCE LAW QUICK REFERENCE
| Element | New Hampshire Law |
|---|---|
| Prompt Payment | RSA 417:4 - Unfair claims settlement practices |
| Appraisal | No mandatory appraisal statute; governed by policy terms |
| Bad Faith Type | Statutory |
| Bad Faith Damages | Actual damages, and consequential damages caused by unfair practices |
| Unfair Practices Act | RSA 417:4 |
| Attorney Fees | Generally follows American Rule |
| DOI Address | New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301 |