Is it insurance fraud if I used the money the company gave me on my house, and used it for something else?

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Is it insurance fraud if I used the money the company gave me on my house, and used it for something else? My mom got some money for the insurance company last year and used it on her car, now hurricane Sandy messed up part of my roof and she is scared the insurance company could sue if they found out about the orginally damaged she did not fixed?

Attorney Answers

3
David Mahood ·
To get a good anwer I would suggest you read the policy which generated the payment by the insurance company. If the money was given to your mother with the agreement that she use the money to fix the damage, and then the house was damaged worse this year because your mother did not perform the expected repairs, then it could be a problem. Not sure if it would be fraud, but perhaps the insurance company could classify this year's damage as being partly or fully the fault of your mother for intentionally not fixing the house with the money given to her last year. On the other hand, it depends on what was damaged this year, and if it was damaged because your mother failed to fix the house, or not. The answer to this question is very fact specific, both the facts surrounding the policy, and the facts surrounding the two incidents of damage.
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Craig Meyers ·
Generally, it is not insurance fraud to use the money for a different purpose, but it is insurance fraud make a later claim that includes the prior unrepaired damages. In that instance, you are double collecting.
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Kyle Sturm ·
I would recommend contacing a local insurance coverage attorney because the answer is largely dependent on the applicable insurance policy and the laws of your State. That being said, if you first received insurance benefits for damaged property, you are likley not entitled to receive future payments from the insurance company for the same damaged property if it was never repaired.
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