Sue my insurance company?

February 13, 2007 1:39 PM

Have any MeFites sued their homeowner's insurance company?

I just had a pretty serious claim denied. I believe I'm in the right and have contacted a lawyer, but before I jump I'm curious if anyone here has been through this? What were/can be the results and/or repercussions?

posted by Benny Andajetz to Law & Government (3 answers total)

Yep. My parents did when they denied us a claim and then sued *us* for arson. We won, because we had everything documented. Start going through paperwork and photos now.
posted by SpecialK at 1:44 PM on February 13, 2007

Did they send you a denial of coverage letter citing a specific grounds for the denial, i.e. particular type of damage not-covered, particular exclusion applies, or failure to give notice? I bring this up, because the category of reasoning for which they denied coverage might give you a sense of how difficult or complex this is going to be (i.e. SpecialK's situation with the counterclaim on arson is a whole different level of complexity than the company saying you waited 31 days rather than 30 to notify them of the claim). That might shed some light on which can of worms you are opening.

Also, keep in mind that depending on your state of residence and the insurance laws therein, you may have a potential right to seek reimbursement for legal fees if there was a wrongful denial of coverage. Don't count on this as a for-sure, since I don't know where you are, the details of your policy, etc., but my 7+ years of insurance and now legal experience is that wrongful denial of coverage is/can be "bad faith denial of coverage" resulting in a successful demand by you for reimbursement for damages that should have been covered in the first place.
posted by bunnycup at 3:14 PM on February 13, 2007

My parents sued their homeowner's insurance company over a partially denied claim. The case went to arbitration, and my parents walked away with more than the insurance company's first offer but less than the full value of the initial claim.

You should speak to an attorney to find out if you have a case, and how you should proceed.
posted by syzygy at 2:19 AM on February 14, 2007