What is my recourse if my insurer is refusing to honor its obligations?
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What is my recourse if my insurer is refusing to honor its obligations?
I have I have sustained hail damage to my home…everyone else in the neighborhood that sustained damage is getting a new roof. My insurance company is refusing to cover my homes damage an estimate on the cost for repair and photographic documentation of exactly what the damage consists of. I additionally have photos of the 2 inch hail a foot deep outside of my home following the storm which caused the damage.
Asked on September 4, 2019 under Insurance Law, South Dakota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you believe that under the terms of your policy and given the facts, they shold be paying your claim, your option is to sue them for breach of contract--the insurance policy is a contract, so for violating their contractual obligations. You'd need to prove in court that in this situation, under the policy's terms, they should have paid. That, however, will not help you if they are illiquied and do not have the money to pay, since a successful lawsuit does not make money appear where there is none.
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