When your home or business is damaged by fire, your priority is rebuilding. But for many Mississippi policyholders, the process gets derailed when the insurance company disputes the cost of repairs or offers a low settlement that doesn’t come close to covering actual damages.
At Barrett Law, PLLC, we represent homeowners and business owners across Mississippi in fire insurance disputes, especially when insurers undervalue claims. If your insurance company is refusing to pay the true cost of your repairs, you have the right to challenge that decision and seek full compensation.
Why Fire Damage Repair Disputes Happen
Insurance companies are for-profit businesses. That means minimizing claim payouts—often by:
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Underestimating repair costs using in-house or third-party adjusters.
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Denying or excluding necessary repairs, like smoke remediation or water damage from fire suppression.
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Applying depreciation, even when you have a replacement cost policy.
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Refusing to pay for code-compliant upgrades, if not specifically listed in your policy.
Steps to Resolve a Fire Repair Cost Dispute
1. Review Your Policy in Detail
Start by identifying what your insurance policy actually covers. Look for:
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Replacement cost vs. actual cash value coverage
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Coverage for ordinance and law upgrades
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Exclusions or limitations on fire, smoke, or water damage
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Timelines for submitting estimates or challenging denials
An experienced fire insurance attorney can review your policy and explain your rights under Mississippi law.
2. Get an Independent Repair Estimate
Don’t rely solely on the insurance adjuster’s assessment. Hire your own licensed contractor or independent adjuster to:
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Provide a detailed line-item estimate of labor and materials
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Document smoke, water, structural, and hidden damage
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Explain why the insurer’s estimate is inadequate or incomplete
This step is often critical in proving that the insurance company’s offer is too low.
3. Collect and Organize Supporting Documentation
Create a full claim file, including:
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Before-and-after photos or videos of your property
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Fire department reports
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Receipts or invoices for temporary repairs or living expenses
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All communications with the insurance company (emails, letters, and phone logs)
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Any engineering or structural reports if there’s major damage
This evidence strengthens your position and shows that your claim is valid and well-supported.
4. Request a Detailed Explanation from the Insurer
If your settlement offer is too low, demand a written explanation for:
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The insurance company’s valuation of your losses
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Any denied repair items
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Their calculation of depreciation or partial repair estimates
Mississippi law requires insurance companies to handle claims fairly and in good faith. If they fail to justify their decision, it may open the door to legal action.
5. Utilize the Appraisal Clause in Your Policy (If Available)
Most homeowner and commercial policies contain an appraisal provision, which allows both sides to:
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Hire their own appraisers
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Let the two appraisers choose a neutral umpire
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Let the umpire resolve any cost differences
This is not a lawsuit—it’s a built-in dispute resolution option that can be effective without going to court.
6. File a Complaint with the Mississippi Insurance Department
If your insurer is acting unreasonably or stalling, file a formal complaint with the Mississippi Insurance Department. This may prompt a more cooperative response from the insurance company, and it creates a record of their conduct if a lawsuit becomes necessary.
7. Hire a Mississippi Fire Insurance Claim Attorney
If the dispute continues, it’s time to speak with a fire insurance lawyer. An experienced attorney can:
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Review the estimate dispute
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Negotiate on your behalf
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Sue your insurance company for breach of contract or bad faith, if necessary
At Barrett Law, PLLC, we fight for policyholders across Mississippi whose insurers refuse to pay the full cost of restoring their property.
Frequently Asked Questions
What is considered a lowball insurance offer?
Any offer that doesn’t fully cover the cost to restore your property to its pre-fire condition may be a lowball offer. This includes estimates that leave out key repairs or undervalue labor and materials.
Can my insurer refuse to pay for code upgrades?
If your policy doesn’t include ordinance and law coverage, they may try to deny those costs. However, many policies include limited coverage for code compliance—check your policy or consult an attorney.
What if the insurer says my contractor’s estimate is too high?
Insurers often dispute independent estimates. You can defend your contractor’s proposal with supporting documentation, multiple estimates, or by invoking your policy’s appraisal clause.
Is smoke damage covered by fire insurance?
Yes. Smoke and soot cleanup is typically included in fire insurance coverage, but insurers often try to minimize or ignore this cost.
How long do I have to dispute a fire claim settlement?
Under Mississippi law, you generally have three years to file a lawsuit against your insurance company after the date of loss. However, deadlines may be shorter based on policy terms.
Denied or Lowballed on a Fire Damage Claim? Call Mississippi Fire Insurance Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If your insurer has refused to pay the full cost of fire damage repairs, you don’t have to accept their decision. Barrett Law, PLLC helps homeowners and business owners across Mississippi hold insurance companies accountable.
We represent fire damage victims in Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Oxford, Tupelo, Meridian, Madison, Clinton, and every county in the state.
📞 Call (601) 790-1505 now for a FREE consultation—available 24/7/365. Let us help you recover what you’re rightfully owed.
