Can I sue my Homeowner’s insurance if it is not paying my claim?

UPDATED: Sep 30, 2022

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Can I sue my Homeowner’s insurance if it is not paying my claim?

I filed a claim with my homeowner’s insurer after my toilet overflowed and caused major damage to 3 rooms in my downstairs area. A sewage company was called and removed an unknown source from the line. They also provided water restoration taking up floors and carpet. They also removed the lower portion of walls in each room. The insurance company is reluctant to pay stating they need to know exactly what the unknown source was before they will pay. I paid$ 211 to have drain cleaned and the water restoration bill is $6,541. I am at a loss of what to do.

Asked on April 26, 2017 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An insurance policy is a contract; it obligates the insurer to pay under certain circumstances, and, like any other contract, if the other party (the insurer) will not do what it is supposed to (i.e. pay a claim), you can sue for "breach of contract" to recover compensation. To win a lawsuit, you would need to prove in court, by credible testimony and/or documentary or photographic evidence, that under the terms of the policy and the facts of this case, the insurer should have paid; you need to prove this by a "preponderance of the evidence," or that it is more likely than not that they should have paid.

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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