Can Home Insurance Companies Deny Claims Due To Old Damage?

Can Home Insurance Companies Deny Claims Due to Old Damage? It’s a question that keeps many homeowners up at night. Imagine this: a storm rolls through, causing damage to your roof. You file a claim, only to find out your insurance company is denying it because of pre-existing issues. This article dives into the tricky world of home insurance claims and pre-existing damage, exploring policy language, disclosure requirements, and the investigative process used by insurance adjusters.

We’ll also look at strategies to protect yourself and navigate the sometimes-difficult process of dealing with insurance companies.

Understanding your policy, disclosing all known damage upfront, and maintaining thorough records are crucial steps in preventing claim denials. We’ll examine how insurance companies determine the cause of damage, the role of appraisals and expert opinions, and the impact of state-specific regulations. Navigating the complexities of insurance claims can be frustrating, but with the right knowledge, you can better protect your investment and ensure a fair outcome.

Policy Language Regarding Pre-Existing Damage

Most standard homeowners insurance policies don’t cover damage that existed before the policy started. This is a pretty fundamental principle of insurance – you’re insuring againstnew* risks, not pre-existing conditions. Think of it like health insurance; they wouldn’t cover a pre-existing illness unless you had a specific rider or policy for it. Home insurance operates similarly.The specific wording varies between insurers and policies, but the core concept remains the same.

Insurance companies aim to avoid paying out for damages that were already present when the policy was initiated, as this would essentially be retroactive coverage and significantly impact their risk assessment.

Policy Wording Excluding Pre-Existing Damage

Insurance policies often include clauses explicitly stating that pre-existing damage is not covered. These clauses may use phrases like “prior damage,” “pre-existing conditions,” or “damage known to the insured.” For example, a policy might state: “This policy does not cover any loss or damage that existed prior to the effective date of this policy, regardless of whether the insured was aware of such damage.” Another example might say: “We will not pay for loss or damage caused by a condition that existed before the policy began, even if the condition was unknown to you.” These clauses aim to make it crystal clear that the insurance company is not responsible for repairing problems that predate the policy’s inception.

Ambiguous Policy Language and Disputes

Sometimes, the policy language isn’t so clear-cut, leading to disputes between homeowners and insurance companies. For instance, a policy might state that it covers “sudden and accidental damage.” If a homeowner experiences a roof leak, and it’s later determined that the leak was caused by years of gradual deterioration (pre-existing damage) that was finally triggered by a small, sudden event (like a minor storm), there’s room for interpretation.

The homeowner might argue that thesudden* event is what caused the damage, while the insurer might argue that the underlying deterioration was the true cause, making it pre-existing damage. This ambiguity necessitates a careful review of the policy and, often, a negotiation or even litigation to resolve the claim. Similarly, if the policy doesn’t clearly define “pre-existing damage,” disputes are more likely.

Was the damage latent (hidden) and thus unknown to the homeowner? Did the homeowner disclose all known damage during the application process? These are all factors that can influence a claim’s outcome.

The Duty to Disclose Prior Damage

Securing home insurance involves a significant responsibility on the homeowner’s part: truthfully disclosing all known pre-existing damage. This isn’t just a matter of good faith; it’s a contractual obligation that underpins the entire insurance agreement. Failing to disclose pertinent information can have serious consequences, potentially invalidating your coverage and leaving you financially vulnerable in the event of a claim.Insurance companies rely on accurate information provided by applicants to assess risk and set premiums.

A full and honest disclosure of prior damage allows them to accurately evaluate the potential for future claims and price the policy appropriately. Omitting details about previous water damage, structural issues, or other significant problems could lead the insurer to underestimate the risk, potentially resulting in an underpriced policy that doesn’t adequately cover potential losses.

Consequences of Non-Disclosure

Failure to disclose known pre-existing damage can lead to several negative outcomes. The most significant is the potential denial of a claim related to that undisclosed damage, even if the damage is seemingly unrelated to the pre-existing issue. For example, if a homeowner fails to disclose previous water damage in the basement and later files a claim for water damage caused by a burst pipe, the insurance company might deny the claim entirely, arguing that the previous damage indicated a higher risk of water damage, and the failure to disclose this increased risk invalidates the policy.

Furthermore, the insurer may cancel your policy altogether, leaving you without coverage. In some cases, insurers might pursue legal action to recover any payments made on claims related to undisclosed pre-existing damage. This can result in significant financial penalties for the homeowner.

Verification of Disclosed Information

Insurance companies employ various methods to verify the accuracy of the information provided in applications. This may involve reviewing previous insurance claims, conducting inspections of the property, or obtaining reports from third-party sources such as contractors or appraisers. The company might request supporting documentation, such as repair invoices or photos, to substantiate the disclosed information. A discrepancy between the information provided and the findings of their investigation could lead to the denial of coverage, even if the damage is unrelated to the undisclosed issue.

The insurer’s investigation may extend beyond the initial application process; they may also review information discovered during a claim investigation to confirm the accuracy of prior disclosures. This thorough verification process emphasizes the importance of accurate and complete disclosures during the application process.

Determining the Cause of Damage

Insurance adjusters employ a systematic approach to investigate claims and pinpoint the root cause of damage. This process is crucial in determining coverage, as insurers are only obligated to cover damage caused by events specified in the policy. The investigation involves a blend of on-site inspections, reviewing documentation, and sometimes, consulting with experts.The adjuster’s investigation typically begins with a thorough visual inspection of the damaged property.

They meticulously document the extent and nature of the damage, taking photographs and detailed notes. They’ll look for patterns, inconsistencies, and anything that might indicate the age or origin of the damage. This visual assessment is often followed by a review of the policyholder’s claim, including any supporting documentation like prior repair records or photos. If the damage is complex or the cause is unclear, they may bring in specialists, such as engineers or contractors, to provide expert opinions.

Examples of Exacerbated Old Damage, Can Home Insurance Companies Deny Claims Due to Old Damage?

Old damage can be significantly worsened by a covered event, leading to complex claims. For instance, imagine a house with pre-existing cracks in its foundation due to settling. A subsequent earthquake might not directly cause the cracks, but it could significantly widen or worsen them. In this case, the earthquake is the covered event, but the extent of the damage is a combination of the new damage from the earthquake and the pre-existing foundation issues.

Similarly, a roof with pre-existing water damage from a previous leak might experience further damage during a severe storm. The storm is the covered peril, but the pre-existing damage significantly impacts the overall cost of repair. Another example might involve a fire where pre-existing water damage from a leaky pipe weakens the structural integrity of the walls, leading to greater fire damage than would have occurred otherwise.

The fire is the covered event, but the pre-existing water damage contributed to the extent of the damage.

Separating New and Pre-Existing Damage

Separating new damage from pre-existing damage is a critical aspect of the claims process. This often requires a detailed analysis of the damage, comparing photographs and documentation from before and after the covered event. Adjusters will use their expertise and sometimes consult with specialists to estimate the portion of the damage attributable to the covered event versus the pre-existing condition.

This process can involve comparing the cost of repairs needed solely for the new damage versus the cost of repairs that address both new and pre-existing issues. For example, if a hailstorm damages a roof, and there was already minor pre-existing damage from age and wear, the adjuster will need to determine what portion of the repair cost is due to the hailstorm and what portion is due to the pre-existing wear and tear.

So, can home insurance companies totally stiff you on a claim because of some old damage? It’s a total bummer, but sometimes they try. Navigating these tricky situations is way easier if you know your rights, and that often means getting legal help; check out this guide on How to Work With an Attorney to Resolve Car Insurance Disputes for some solid advice.

The principles are similar for home insurance too – knowing when to lawyer up can make all the difference in getting your claim approved.

This often involves careful analysis of the type and extent of damage in different areas of the roof. In complex cases, independent engineering reports might be required to definitively separate the new and old damage. The ultimate goal is to fairly compensate the policyholder for the damage caused by the covered event while avoiding payment for pre-existing conditions.

The Role of Appraisals and Expert Opinions: Can Home Insurance Companies Deny Claims Due To Old Damage?

Disputes over pre-existing damage in home insurance claims often necessitate the involvement of independent professionals to provide objective assessments. These assessments play a crucial role in determining the validity of a claim and the extent of the insurer’s liability. The process relies heavily on the expertise of appraisers and other specialists to analyze the damage and its origins.Independent appraisals offer a neutral perspective, helping to bridge the gap between the homeowner’s account and the insurance company’s assessment.

They provide a detailed report, often including photographic evidence, that documents the damage, its likely cause, and an estimation of repair costs. This report can be crucial in resolving disagreements and facilitating a fair settlement. The use of independent appraisals demonstrates a commitment to fairness and transparency in the claims process.

Independent Appraisals in Dispute Resolution

An independent appraiser, usually chosen jointly by the homeowner and the insurance company, examines the damaged property. They meticulously document the damage, taking into account factors such as the age and condition of the affected area. The appraiser’s report will differentiate between pre-existing damage and damage caused by the insured event. For example, if a homeowner claims water damage from a burst pipe, the appraiser will determine if any water staining or damage existed prior to the pipe bursting.

The report’s findings can significantly impact the claim’s outcome, potentially leading to a full or partial settlement, or a complete denial if pre-existing damage is deemed the primary cause. Disputes arising from the appraisal itself are usually resolved through arbitration or mediation, ensuring a fair and efficient resolution.

Expert Opinions from Engineers and Contractors

Expert opinions from engineers or contractors can be vital in complex cases involving structural damage or significant repairs. These specialists can provide detailed analyses of the damage, pinpointing the root cause and determining whether the damage is new or pre-existing. For instance, an engineer might be called upon to determine if foundation cracks were caused by a recent earthquake or were present prior to the insured event.

Their reports typically include technical specifications, diagrams, and calculations supporting their conclusions, adding a level of scientific rigor to the assessment. This added expertise can strengthen a homeowner’s case or support the insurance company’s denial, depending on the findings.

Challenging an Insurance Company’s Assessment

If a homeowner disagrees with the insurance company’s assessment of pre-existing damage, they have several avenues for challenging the decision. This might involve obtaining a second independent appraisal from a different, reputable firm. The homeowner can also present additional evidence, such as photographs taken before the incident, repair records, or witness statements, to support their claim. If these efforts fail, legal action may be necessary.

Legal counsel can guide the homeowner through the process, potentially leading to negotiation, mediation, or litigation to resolve the dispute. Successfully challenging an assessment often hinges on presenting compelling evidence and a clear, well-supported argument demonstrating the insurer’s misjudgment.

State-Specific Regulations and Laws

Navigating the complexities of home insurance claims involving pre-existing damage requires understanding that state laws significantly impact how these situations are handled. There’s no single, nationwide standard; instead, a patchwork of regulations exists, leading to considerable variations in consumer protection and insurance company liability. This section will highlight some key differences.State laws regarding pre-existing damage often differ in their definitions, the burden of proof placed on the policyholder, and the processes for dispute resolution.

These variations can dramatically affect the outcome of a claim, emphasizing the importance of knowing your state’s specific regulations.

Variations in State Laws Regarding Pre-Existing Damage

The definition of “pre-existing damage” itself can vary. Some states might focus on the age of the damage, while others prioritize the policyholder’s knowledge of the damage. For example, a state might consider damage pre-existing if it existed before the policy’s inception, regardless of the policyholder’s awareness. Another state might require that the policyholder knew about the damage and failed to disclose it for the claim to be denied.

This difference significantly affects the burden of proof placed on the policyholder. In states with stricter disclosure requirements, the insurer might need to prove the policyholder knew about the damage and intentionally concealed it. In other states, the burden of proof might rest more heavily on the policyholder to demonstrate that the damage is not pre-existing.

Examples of Consumer-Friendly and Insurance-Company-Friendly States

While it’s difficult to definitively label states as entirely “consumer-friendly” or “insurance-company-friendly,” certain states consistently demonstrate a stronger lean in one direction or the other based on case law and regulatory interpretations. For instance, some states have enacted legislation specifically protecting consumers from overly restrictive interpretations of pre-existing damage clauses. These laws might mandate stricter disclosure requirements for insurers or provide clearer guidelines for determining causality.

Conversely, other states have seen a higher prevalence of cases where insurers successfully deny claims based on pre-existing damage, suggesting a legal landscape less favorable to policyholders. Specific examples of these states and their relevant case laws would need to be researched based on the most current legal precedents and legislative actions, as these change frequently.

State-Specific Definitions of “Pre-Existing Damage”

Defining “pre-existing damage” is crucial. Some states might use a broad definition encompassing any damage present before the policy’s effective date. Others might adopt a narrower definition, requiring the damage to have been both present before the policy and known to the policyholder. Still others might focus on whether the damage contributed to the current loss, regardless of its age or the policyholder’s awareness.

These variations can lead to significantly different outcomes for similar claims in different states. For example, a cracked foundation might be considered pre-existing damage in one state if it predates the policy, even if the resulting water damage is recent. However, another state might only consider the foundation crack pre-existing if the policyholder was aware of it before the water damage occurred.

The difference hinges on whether the state’s laws prioritize the age of the damage or the policyholder’s knowledge.

Examples of Denied Claims Due to Old Damage

Insurance companies carefully examine claims to determine if damage is new or pre-existing. Understanding how pre-existing damage impacts claim approvals is crucial for homeowners. The following examples illustrate scenarios where claims were denied because of pre-existing conditions.

Denied Claims Due to Pre-existing Damage

The following table provides hypothetical examples of denied insurance claims due to pre-existing damage. These scenarios highlight the importance of proper documentation and disclosure when dealing with home insurance.

Scenario	Type of Damage	Reason for Denial	Outcome
Water Damage in Basement	Mold growth and water stains discovered after a heavy rainstorm.	Evidence of previous water damage and mold, indicating a pre-existing condition that wasn’t disclosed.	Claim denied. Homeowner responsible for repairs.
Roof Leak	Water damage to ceiling and drywall after a minor storm.	Inspector found evidence of prior water damage in the attic, suggesting a long-term leak that wasn’t previously reported.	Claim denied. Homeowner argued the previous damage was minor and unrelated, but the insurer determined the current damage stemmed from the same source.
Foundation Crack	Significant crack in foundation discovered after a minor earthquake.	Appraisal revealed the crack was old and likely not caused by the earthquake, but rather pre-existing settling or other factors.	Claim partially denied. The portion of damage directly attributable to the earthquake was covered, but repairs for the pre-existing crack were not.
Fire Damage	Extensive fire damage to kitchen after a small grease fire.	Investigation revealed significant charring and smoke damage predating the incident, suggesting prior, unreported fires or electrical issues.	Claim denied. The insurer argued the existing damage contributed to the extent of the fire damage, and the prior damage was not disclosed.

Strategies for Preventing Claim Denials

Preventing your home insurance claim from being denied due to pre-existing damage requires proactive steps and meticulous record-keeping. Understanding your policy and taking preventative measures significantly reduces the risk of disputes with your insurance company. Essentially, the more evidence you have supporting your claim, the stronger your position will be.Proactive maintenance and thorough documentation are key to avoiding claim denials related to pre-existing damage.

By addressing potential issues before they escalate and meticulously documenting all repairs and inspections, homeowners can build a strong case for coverage should unforeseen damage occur. This approach minimizes the likelihood of the insurer questioning the cause of the damage or attributing it to pre-existing conditions.

Thorough Documentation

Maintaining comprehensive records is crucial. This includes detailed photographic documentation of your home’s condition, both inside and out. Take pictures of all areas, focusing on any potential problem areas like cracks in foundations, signs of water damage, or roofing issues. These photos should be taken regularly, ideally annually, to track any changes over time. Supplement photographs with detailed written descriptions of any repairs undertaken, including dates, contractors involved, and a summary of the work performed.

So, can your home insurance company totally ditch your claim because of some old damage? It’s a tricky situation, kind of like navigating the complexities of workers’ compensation. For a clearer picture on navigating legal battles, check out this helpful guide: A Detailed Guide to Your Rights Under Workers’ Compensation Insurance. Understanding your rights is key, whether it’s with your home insurance or a workplace injury.

Ultimately, proving the damage wasn’t pre-existing is your best bet for a successful home insurance claim.

Keep all receipts and invoices for repairs, maintenance, and inspections. Digital storage is recommended for easy access and backup. Consider creating a dedicated folder on your computer or cloud storage service for all home maintenance and repair documentation. This organized approach ensures that you can readily provide evidence to support your claim if necessary. For instance, if a roof leak occurs, having photos taken over several years showing the gradual deterioration of shingles will strengthen your argument that the leak is a new event, not a pre-existing condition that was simply exacerbated.

Proactive Home Maintenance

Regular maintenance is not just about preventing costly repairs; it’s about strengthening your insurance claim. By addressing minor issues promptly, you reduce the risk of them developing into significant problems that might be deemed pre-existing damage by your insurer. For example, promptly fixing a small leak in your roof prevents water damage to the interior structure, which could later be contested as a pre-existing condition.

Regular inspections of your plumbing, electrical systems, and roofing are essential. Schedule professional inspections for items like your HVAC system, chimney, and foundation, especially if your home is older. Maintain meticulous records of all maintenance activities. This proactive approach demonstrates your commitment to maintaining your property and reduces the likelihood of your insurer attributing damage to neglect or pre-existing conditions.

Having a history of preventative maintenance speaks volumes about your responsibility as a homeowner. A simple example is regularly cleaning gutters; clogged gutters can lead to water damage, and documentation of regular gutter cleaning shows diligence.

The Impact of Insurance Fraud

Insurance fraud, particularly concerning pre-existing damage, significantly impacts the insurance industry and honest policyholders. Attempts to deceive insurers by concealing prior damage or falsely claiming new damage as unrelated to old issues disrupt the fair and efficient processing of legitimate claims. This ultimately leads to higher premiums for everyone.Attempts to defraud insurance companies regarding pre-existing damage undermine the entire system of risk assessment and cost allocation.

When insurers are forced to investigate potentially fraudulent claims, resources are diverted away from promptly processing valid claims, causing delays and frustration for honest policyholders. This also contributes to increased premiums, as insurers must factor in the cost of fraud investigations and payouts on fraudulent claims into their pricing models.

Detection of Fraudulent Claims Related to Pre-existing Damage

Insurance companies employ various methods to detect fraudulent claims related to pre-existing damage. These methods include thorough claim investigations, which may involve detailed inspections of the property, review of prior claims history, and analysis of supporting documentation. Sophisticated software and data analytics are often used to identify patterns and anomalies that suggest fraudulent activity. For example, a claim for water damage might be flagged if the policyholder had previously filed claims for plumbing issues in the same area, or if the damage appears inconsistent with the claimed cause.

Furthermore, insurers often use external investigators and experts to verify the validity of claims, especially in cases where significant discrepancies exist or suspicion of fraud is high.

Legal Consequences of Filing a Fraudulent Insurance Claim

Filing a fraudulent insurance claim is a serious crime with significant legal ramifications. Depending on the jurisdiction and the specifics of the case, penalties can range from substantial fines to imprisonment. Insurance fraud is often considered a felony offense, carrying severe penalties including lengthy jail sentences and extensive criminal records. Beyond criminal penalties, individuals convicted of insurance fraud may face civil lawsuits from the insurance company to recover any payouts made on the fraudulent claim, along with additional damages and legal fees.

Furthermore, a conviction for insurance fraud can severely damage an individual’s credit rating and make it difficult to obtain insurance in the future. The long-term consequences of insurance fraud can be devastating, both financially and personally.

Negotiating with Insurance Companies

Negotiating with your insurance company after a claim denial can feel daunting, but a strategic approach can significantly improve your chances of a favorable outcome. Remember, you’re advocating for what you believe is rightfully yours based on your policy and the circumstances of the damage. Clear communication and a well-documented case are key.Effective communication hinges on professionalism and preparedness.

Avoid emotional outbursts and focus on presenting facts and evidence. Clearly articulate your understanding of the policy, the damage sustained, and the connection between the two. Document every interaction, including dates, times, names of individuals contacted, and summaries of conversations. This documentation will be invaluable if the negotiation process extends.

Strategies for Effective Negotiation

Preparing for negotiation involves gathering all relevant documentation, including your policy, photos and videos of the damage, repair estimates, and any previous communication with the insurance company. Knowing your policy inside and out is crucial, as is understanding your rights as a policyholder. Presenting a well-organized, fact-based case is more likely to sway the adjuster than emotional appeals.

• Maintain a professional and respectful tone throughout the negotiation process. Even if you’re frustrated, remember that a calm and collected demeanor is more effective than anger.
• Clearly and concisely explain the damage and its connection to the covered event. Use precise language and avoid jargon. Support your claims with evidence such as photos, videos, and repair estimates.
• Highlight any discrepancies between the adjuster’s assessment and your understanding of the damage. If you disagree with their findings, explain your reasoning with supporting evidence.
• Be prepared to compromise. While you should stand your ground on what you believe is fair, be open to reasonable compromises that may lead to a mutually agreeable resolution.
• Keep detailed records of all communication and agreements. This documentation will be crucial if further negotiation is required or if you need to escalate the matter.
• Consider seeking professional assistance. If the negotiation proves difficult, consider consulting with a public adjuster or an attorney specializing in insurance claims. They can provide valuable expertise and guidance.

Examples of Strong Arguments

Suppose your claim for roof damage is denied due to pre-existing damage, but you can demonstrate that the recent storm caused the pre-existing minor cracks to widen significantly, leading to leaks. You could argue that while the initial cracks existed, the storm acted as the proximate cause of the significant damage requiring repair. Similarly, if a tree fell on your house, and the adjuster claims the damage is due to pre-existing rot, you might present evidence showing that the rot was minor and would not have caused the structural damage without the impact of the tree.

The key is to show that the covered event was the primary cause of the damage, even if pre-existing conditions contributed.

Alternative Dispute Resolution Methods

When your home insurance claim is denied due to pre-existing damage, and you’ve exhausted negotiations with the company, alternative dispute resolution (ADR) methods offer avenues to resolve the conflict outside of a costly and time-consuming lawsuit. These methods provide a more informal and often faster way to reach a settlement.ADR methods can significantly reduce the stress and expense associated with litigation.

They often involve a neutral third party who helps both sides communicate effectively and find common ground. However, it’s important to understand the strengths and weaknesses of each approach before choosing one.

Mediation

Mediation involves a neutral third-party mediator who facilitates communication between you and your insurance company. The mediator doesn’t make a decision; instead, they guide discussions to help you and the insurance company reach a mutually agreeable settlement. Mediation is generally less formal and more flexible than arbitration.Advantages of mediation include its relatively low cost and speed, as well as the potential for preserving a positive relationship with the insurance company.

The collaborative nature of mediation can lead to creative solutions that satisfy both parties. However, a successful mediation hinges on the willingness of both parties to cooperate and compromise. If one party is unwilling to negotiate, mediation may not be effective.

Arbitration

Arbitration is a more formal process than mediation. A neutral third-party arbitrator hears evidence and arguments from both sides and then renders a binding decision. This decision is typically legally enforceable, similar to a court judgment. Arbitration is often preferred when a more definitive resolution is needed, and parties are unable to reach a compromise through mediation.Arbitration offers a faster and potentially less expensive alternative to litigation.

The arbitrator’s decision is usually final and binding, avoiding lengthy appeals processes. However, the process can be more rigid and less flexible than mediation, and the cost of arbitration can be higher than mediation, although typically less than litigation. Also, the arbitrator’s decision may not be as favorable as a court ruling could be, depending on the specific circumstances and the arbitrator’s interpretation of the evidence.

Comparison of Mediation and Arbitration

Feature	Mediation	Arbitration
Decision-Maker	No decision-maker; parties reach agreement	Neutral arbitrator makes a binding decision
Formality	Informal	More formal
Cost	Generally lower	Generally higher than mediation, but lower than litigation
Time	Usually faster	Faster than litigation, but can take longer than mediation
Flexibility	More flexible	Less flexible
Outcome	Mutual agreement	Binding decision by arbitrator

Closure

So, can your home insurance company deny your claim due to old damage? The answer, unfortunately, isn’t a simple yes or no. It hinges on a variety of factors, including your policy’s wording, your disclosure of pre-existing damage, and the thoroughness of the investigation. By understanding your responsibilities as a homeowner, maintaining meticulous records, and knowing your rights, you can significantly improve your chances of a successful claim.

Remember, proactive maintenance, clear communication with your insurance company, and potentially seeking expert advice can make all the difference in resolving disputes and protecting your financial interests. Don’t get caught off guard – be informed and prepared!

FAQ Corner

What if the old damage was minor and unrelated to the new damage?

Even minor pre-existing damage can sometimes complicate a claim. Insurance adjusters will look for a direct causal link between the old and new damage. If there’s no connection, you have a stronger case.

How long do I have to report damage to my insurance company?

This varies by policy and state, but generally, you should report damage as soon as reasonably possible after discovering it.

Can I get a second opinion on the damage assessment?

Absolutely. You can hire your own independent adjuster or engineer to assess the damage and provide a counter-opinion.

What if my insurance company refuses to pay?

Consider mediation or arbitration, or even legal action as a last resort. Document everything thoroughly.