How can I sue my homeowner's insurance company for bad faith?
Question Details: 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 with the state insurance commission. I have been forced to empty my savings to pay for temp living expenses, etc. and for replacing items damaged from the original event. I have also 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.
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.