Can i sue my insurance company?

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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

Answers:

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

Answered 6 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.
https://law.freeadvice.com/insurance_law/insurers_bad_faith/bad-faith-insurance-lawsuits.htm


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