What can I do regarding a bad faith insurance settlement?

UPDATED: Oct 1, 2022

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What can I do regarding a bad faith insurance settlement?

My house was damaged as a result of high wind and rain; a partial wall collapsed due to termite and rotten wood. My policy stated a special provision for the state to cover collapse as a result to insect and vermin damages that’s unknown. However, the insurance company is denying my claim stating that the whole wall or house has to collapse before they can honor the claim. I need help understanding if they are correct in denying my claim.

Asked on March 14, 2018 under Insurance Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

To understand if they are correct, bring the policy and photographs, documentation, etc. of the damage to an attorney to review with you; since insurance policies are contracts, your rights and the insurer's obligations are determined solely by the terms or language of the policy. Policies and contracts are enforced according to what they say. You need an attorney to review the policy and situation.
If it looks like your claim should be covered, the attorney can, if necessary, bring a breach of contract claim against the insurer for not honoring their contractual obligations.

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 AttorneyPages.com 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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