I need help and wish to sue my homeowners insurance company for bad faith

UPDATED: Oct 2, 2022

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I need help and wish to sue my homeowners insurance company for bad faith

I had a flood in my home 2/12/18 which resulted in the loss of my main floor and basement, all my personal property on these floors, forced us to live outside the home for 14-16 months. My insurance has not paid me for my living expenses, personal property lost and refuses to uphold the homeowner’s insurance contract as written. I have filed a complaint w the state insurance commission and have been forced to empty my savings paying for temp living expenses, etc. and replacing items damaged from original event, had to leave my job and finally filed bankruptcy awaiting their payment. I need help and have over 16 months of mistreatment and breach of contract from my insurance company.

Asked on August 13, 2019 under Insurance Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue them by filing a lawsuit against them in state court in your county for "breach of contract," or violating the terms of the insurance policy, which is a contract. You would sue for all amounts you believe you are entitled to under the policy--you are entitled to get anything the policy says you should, no less but also no more (i.e. their only obligation is to pay as per the policy). You would serve the lawsuit on the insurer on their registered agent for service, which you should be able to find from your state's Division of Corporations and Commercial Code website, or from your state's Division of Insurance.

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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