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Will you have to sue your own insurance company?

On Behalf of | Apr 10, 2020 | Construction Law

As a reputable contractor, you carry adequate insurance to cover you and your company in the event of a claim. The last thing that you expect is that your claim will be denied and unpaid, leaving you vulnerable to a lawsuit.

Insurance companies have serious obligations to their policyholders. One of their primary duties is to always act in good faith. When the liability is reasonably clear, they are obliged to pay the claim in a timely manner.

If there is some question about the liability, they also have the duty to defend their policyholders in lawsuits that arise out of the incident(s).

When your insurance company drops the liability ball and leaves you hanging, you have few options other than suing them for these deficits. After all, that’s the sole reason that you paid all of your insurance premiums.

Filing a breach of contract or bad faith lawsuit against your insurance carrier should only be done as a last resort after all attempts to resolve the matter have otherwise failed. You may also be able to look into the possibility of suing the balking insurance company for unfair trade practices.

To build the strongest case possible, you will need to keep detailed records of all your attempts to settle the matter. Keep copies of all letters mailed and emails sent, and take notes during each phone call. Specify to whom you spoke, and when, their title and any comments or offers they made to settle the matter outside of court.

You may find that at a certain point, you will fare better after retaining an attorney who can press forward with resolving the matter for you either in or out of court.