Bad Faith

UPDATED: Oct 2, 2022

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Bad Faith

Water damage from from broken water line. This is a Result of a crew from the water company trying to repair a leak. Water shot 30ft into the air landing on pool cement deck and running everywhere for 1 hour or more. Damaged my wood deck under pinning support,cement stairs collapsed,pool plaster cracked,pool cement deck cracked,Landscaping washed away.pool equip enclosure destroyed and lawn filled with gravel. The Water company will only pay for half of the cost to repair. My home owners insurance says its complicated but we are not covered???? I believe this is BAD FAITH.

Asked on September 18, 2019 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you believe that your insurance policy does apply--that under the policy's plain terms, the insurer should have paid--you can sue the insurer for "breach of contract." If you can prove that under the terms of the policy, given the cause of the damage, the claim is covered, they court can order the insurer to pay. Be aware that if they are right and this cause is not covered by the policy, the will not have to pay: the policy is a contract, and the insurer only pays if and when the cause is covered by the terms of the policy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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