Can i sue my insurance company?

UPDATED: Oct 1, 2022

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Can i sue my insurance company?

I had a water line bust under the concrete slab of my home which caused my floor tiles to come off. Now I have about 30-40 sq ft of missing tile and 2 holes in the walls to find the main manifold. After waiting 3-4 days for the adjuster to come by and assess the damage and waiting 5 days and not hearing from the insurance company, I finally called them back just to hear that they aren’t covering any of the damages. The adjuster’s reasoning is that there’s no coverage for a broken water line in our contract. However, my wife and I read the contract over and over but there’s no statement saying water is not covered. If it’s not specifically stating on the contract, how am I supposed to know what’s covered and what isn’t? Can we sue them for bad fait?

Asked on March 16, 2018 under Insurance Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

How horrible for you!  Besides Bad Faith, which I will give you an article on, you should speak with an attorney about suing for a declaratory judgement.  That is when you ask the court to decide whether or not you are covered under the contract.  You may be able to ask for legal fees if successful.  Good luck.

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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