Can I sue my insurance company for not wanting to pay on a claim?

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Can I sue my insurance company for not wanting to pay on a claim?

They say there not paying on damages to my other structure because it became a business. I was never told of this and I have been paying my premiums for 10 years. Now the structure was damaged in the  about 3 months ago. Can they do this?

Asked on July 23, 2011 Alabama

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for the situation.  One would need to read the terms of the insurance agreement and to ask a few more questions on the matter.  Like when you insured the property did you have an agent?  Was the agent aware of the situation?  What does the policy say on the matter?  Once these and other questions are answered you may have to bring a lawsuit against your insurance company that is known as a declaratory judgement action.  It asks the court to review the terms and conditions and the facts of the case and "declare" if is there is coverage or not.  If there is not coverage and you have been paying all these years for the coverage for the structure you may be able to get some of the premium money back.  Get help.  Good luck.


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