How to sue an insurance company?

by ty_ger88 » Fri Sep 14, 2007 02:20 pm

Many a times you may be unhappy with your insurance company for not paying you your dues or for delaying your payments or for any other reason. Your insurance company does not always have the upper hand. There are laws to protect you if you have a dishonest insurer.

When can you sue your insurance company?

You can sue your insurance company on grounds of:
  • Bad faith and
  • Breach of contract

If your insurer tries to trick you by not paying up a legitimate claim you can put up a civil suit against the company for having acted in bad faith. A company shows bad faith when it unreasonably denies a legitimate claim. This may mean that:
  • The company has failed to carry out proper investigations
  • Undue delay in processing a claim
  • Disregarding the rights of the policyholder
  • Inadequate compensation provided against claim filed

You can sue your insurance company for the full amount of benefits that has been denied to you as well as for any economic loss or emotional distress that you may have had to suffer as a result of the refusal. If your insurance company has been dishonest you may also get punitive damages. This is a means to make the insurance company behave more responsibly in future correspondences.

It is good to keep all paper works organized so that you can find them as soon as you need them. You may think of an old receipt as unimportant but it might hold great importance when you have a case standing against your insurer for bad faith or breach of contract.

Related Readings

I'm confused, please help. Here's my story and question. I'll try to make it short. My car was hit about a month ago. I was not in the car. It was parked on the side street. The driver of the truck that hit me left a note with all of his information. Now, it has been almost a month, and his insurance is not doing much. At first, they promised to have the damage estimated, but then nothing was sent to the car shop where my car located. I ended up going through my own insurance company. The problem is before I went with my insurance company, I had rented a car and had discussed this with the other insurance company. They said they would reimburse me all the fees. Now, they're not answering my calls. They keep on telling me that the agent is busy and will get back to me. It has been 4 days since I faxed in my car rental bill. What can I do? Can I sue them? Would you tell me how to sue an insurance company? The bill was paid for by my credit card, and I don't want to owe interests on it. Please help. Thanks.

Total Comments: 380

Posted: Thu Nov 05, 2009 03:52 pm Post Subject: Home insurance

Please help. We bought property that has a house on it we were going to remodel. We were required to have it insured, which we did (we thought). The loan papers have a paper that states who insured it and a policy number along with the REQUIREMENT to let the bank know if a policy was to lapse. My wife thought it was taken care of in escrow so apparently the payement wasn't made. (we aren't sure on this part still trying to track down the payment) We closed in Aug 08, and according to the insurance company they voided the insurance in April 09, which makes absolutely no sense. They didn't let us know, nor did they fulfill their obligation to let the bank know within 10 days so that they could demand insurance or cover it themselves. No one knew that there wasn't any insurance until today. The home that we were about to remodel burned down a few days ago, and all the insurance company says is that we didn't have insurance. I should have listened to my Grandmother when she said to stay away from farm bureau.

Posted: Thu Nov 12, 2009 05:54 pm Post Subject: Bad Insurance company

I have been off work due to a Multiple Sclerosis diagnosis since May 2009, My Insurance company (long term) has refused to admit that i have the disease and has recently told me i have symptoms of MS. Yet I have had three Neurologists diagnosis me. how can they get away with this? they keep delaying and change wording around?

Posted: Fri Nov 13, 2009 02:29 pm Post Subject: sr-26 form/cancelation for sr-22 sent to motor vehicle

hi, my insurance has been paid on time and as per the Motor vehicle dpt Insurance send the form by mistake to them on Nov.2...now my license is been suspended by a week...DO I HAVE A CASE?

Posted: Sat Nov 14, 2009 12:59 pm Post Subject:

Dale,

If the insurance was paid in escrow your closing papers will show this. If the carrier canceled/voided (there is a difference) the policy there was a letter sent out. Minimally they have to produce a copy of it.

I'm not 100% sure I understand about this house. Was it vacant? Most carriers will not insure a vacant house. Is it possible the carrier didn't know it was to be vacant (if that's the case). If so on your application did you disclose this in the questionar? If not and they discovered this they could 'void' the policy based on material mis-rep. If the policy were 'voided" (different than canceled for a reason or non-renewed), they would've had to reimburse the premium. let us know and we'll try to help.

Jarae- if different doc reports say that you have MS then there would'nt be a problem. I'm betting that isn't what the reports say. Call your carrier and get a copy of the doc reports..

Yordi
Slow down and explain this a little better...was there ANY lapse in coverage? Did the insurance carrier notify the state by mistake is that what you are saying? And because of this your license has been suspended? Do you have this worked out or did an actual suspension occur?

Posted: Thu Dec 03, 2009 06:20 pm Post Subject: cancelled with out proper notice

I am insured with a auto/ home carrier, this company cancelled my insurance with out notifying me! when I ask to have them send me verification, with in a few days, I get a call from offering to reinstate my policy from the renewal date! can I sue them for damages? I can think of all the hard ship this has caused me trying to find an insurer to insure me with having to pay through my nose! it put me in a high risk catatory! thank you for your reply

Posted: Thu Dec 03, 2009 11:11 pm Post Subject:

can I sue them for damages?

what damages?

I can think of all the hard ship this has caused me trying to find an insurer to insure me with having to pay through my nose! it put me in a high risk catatory!

but did you pay anything?

Posted: Fri Dec 04, 2009 04:23 am Post Subject: you need money

I had problem with my insurance company because i believed they charged me more than what i was suppose to be charged!!
but i can't do much because i would need a lawyer and lawyer needs money

Posted: Tue Dec 29, 2009 04:29 pm Post Subject: What can I do?

I had full coverage on both my and my boyfriends cars. I was under the impression that the title was in his name, when in fact it wasnt. It was in his Mothers name. At the time I insured the vehicle, they asked me who was it titled to, and I said my boyfriend AND his mother. It wasnt a problem. I paid monthly on time, never missed a payment. I was ina wreck and insurance totaled it out, and we went through all the proper procedures , then I got a phone call saying b/c the title was in his mothers name they are going to deny my claim. All they will do is reimburse me for the premiums I paid on the truck. I have filed a complaint with the Commissioner of Insurance, but it has been 4 weeks and still havent heard anything. I am now left with a totaled vehicle and I still have to make payments on it. Im beyond frustrated with this company. I felt like they were very rue in handling my claim and nobody cares that they issued me a policy, took my money and never told me I couldnt insure this vehicle. what do I do to make this right? I feel like they should pay. Isnt it the companie responsibility to contact DMV to see who ther car is titled to? Why am I wrong when I really was honest the whole time?

Posted: Tue Dec 29, 2009 11:40 pm Post Subject:

All they will do is reimburse me for the premiums I paid on the truck.

What this means is they denied your claim for 'material misrep' on the application for insurance. Meaning had they had ALL the truthful information they would not have insured the vehicle. Another word for it is 'fraud'.

Notice anything unusal about all of these statements you've made?

I paid monthly on time

I paid on the truck.

I have filed a complaint

I am now left with a totaled vehicle

and

I still have to make payments on it.

Why or how are you doing all of this, when you say, it is your boyfriends vehicle? Why is HE not paying the insurance, the car payment, and dealing with this? The vehicle is in his mothers name, and his girlfriend is paying for everything? :roll: I'm sorry honey, but it sounds like your problems run a lot deeper than this claim. I'm assuming your boyfriend is an adult right? Why or how is it he doesn't have his own vehicle in his own name? Credit problem? Employment problem? What? There has to be a reason that this vehicle is titled to his mother..and frankly his mom is the one who's really screwed, because the loan is in her name! So when YOU get tired of making payments on a vehicle, (or you break up) that isn't even yours it's her credit down the shoot..not yours, and certainly not his! And who did he have insurance with prior to your getting insurance for him? Why did you get insurance for him to begin with? Does he have trouble getting insurance? Do you both live in the same household?

nobody cares that they issued me a policy, took my money and never told me I couldnt insure this vehicle.

Had your application been truthful, they would (and did) insure it.

what do I do to make this right?

Have boyfriend put on his big boy pants, and pay this vehicle off...

I feel like they should pay.

I'm sure you do...believe me insurance companys do not deny claims without having all their "ducks in row", and most certainly will not deny a claim and 'void' a policy for mis-rep (which is what happened) without making darn sure they are in the right....

Isnt it the companie responsibility to contact DMV to see who ther car is titled to?

Well of course not! I guess if they go on the assumption that all applicants lie or mis-represent all their answers on the application for insurance! That's just silly to think that..I understand you're frustrated, and grasping at straws, you can't really believe that though right?

Why am I wrong when I really was honest the whole time?

I don't know you, but I'll give you the benefit of the doubt, and assume that you really 'thought' you were telling the truth...but it still comes back to the fact that is was NOT the truth...and again it comes back to boyfriend...he should've made sure you knew the correct answers, he further should've got his own insurance.

The only thing I can think of that 'might' give you a chance. You need to find out which or what questions you answered dishonestly (known or not, it's still not the truth)...or do you already know ? If so what was the question(s) and what was your answer? Further, what part of the (real) 'truth' would've made them reject the application for insurance had they known the truth?

Posted: Wed Dec 30, 2009 12:59 am Post Subject:

Have boyfriend put on his big boy pants, and pay this vehicle off...




:lol: :lol: :lol: :lol: :lol: :lol: :lol:

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