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Thank you for allowing me to reply to the service issue complaint received in my office on June 9, 2014. I have
been Mr. [redacted]'s insurance agent since December 2010 and continue to be his agent at this time. Our offices
are in close proximity to one another and we often make visits...

both scheduled and unscheduled. We have also
communicated via email, fax and telephone. I make every attempt to be available to all my customers using a
variety of communication methods.
As Mr. [redacted] stated, he was out of the country over the winter and the measures he put in place to safeguard his
home during his absence failed which resulted in damage. He stopped at my office on February 17, 2014, to inform
me upon his return home he found the furnace wasn't working. This information was immediately reported to his
insurance company, ERIE Insurance. An adjuster was assigned the same day; unfortunately he wasn't able to mak6.
contact with Mr. [redacted] as a phone recording said the phone was not in service. The following day, Tuesday,
February 18,2014 phone contact between the ERIE Insurance adjuster Michael Flury and Mr. [redacted] was made.
The loss was also inspected that same day, Mr. [redacted] was present during the inspection and temporary housing
was arranged. On February 28,2014, Mr. [redacted] again stopped into my office to explain all the plumbers were
all out town due to a convention in Las Vegas. He was still staying in temporary housing. After he left, I called the
ERIE Insurance adjuster and spoke with, [redacted]. She informed me that Mr. [redacted] had hired a public
adjuster and all claim communication could only be discussed with the public adjuster. Mr. [redacted] should not
have stopped by my office to discuss his claim as he entered into a contract with a public adjusting firm to handle
the claim on his behalf.
Since February 28,2014, I have continued to communicate with Mr. [redacted] regarding his auto, motorcycles and
umbrella liability insurances. As oftoday's date, I am still his insurance agent with regards to his home, autos and
motorcycles. While I empathize with Mr. [redacted] over the loss of his cactus and other plants, as an agent I do not
have the authority to determine coverage or pay claims. An agent's job is to meet with an individual and determine
the coverage needs; then offer a product that meets or exceeds the needs of the customer. It's my opinion that is
what I did in this situation. I am not aware of any opportunity for additional coverage that could have been
purchased.
I believe it's important to remember insurance is a risk sharing program; it's an exchanging of a sum of money in
return for a promise to pay in the event of a loss. The promise to pay is taken very seriously by insurance
companies as it's the basis of our business. When 2 parties enter into an agreement there's often a contract; and for
insurance the contract is the policy booklet. A company's promise to pay is explained in this booklet. A loss is
covered, unless it's specifically excluded. It's my understanding of the ERIE Insurance policy on page 11, under
Property Protection Section 1 sub (14) Trees, shrubs, plants and lawns are covered for perils fire or lightning,
explosion, sonic boom, riot or civil commotion, aircraft, vehicles smoke, vandalism or malicious mischief and theft.
Mr. [redacted] refers to his plants as contents and not as plants; I direct him to page 9 of his policy under the
Personal Property Coverage, We do not pay for loss: 2. by dampness of atmosphere or extremes of temperature.
As Mr. [redacted] stated in his complaint, "they did pay for most of the damage to the structure itself' His desired
settlement is to "Replace the plants with the same type and age of pay the cash value." Unfortunately I am not able
to make coverage decisions or issue claim payments. I refer him to his policy contract and the company ERIE
Insurance who has the authority to determine coverage and issue payments.

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Address: 6618 E Cetti Ave, Fresno, California, United States, 93727-5884

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www.guckenbergins.com

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