San Diego, CA asked in Civil Litigation, Insurance Bad Faith and Small Claims for California

Q: Ice and snow fell on my vehicle at a business causing damage and their insurance saying not at fault. What can I do?

I was at a drive through coffee shop in Flagstaff, Arizona. It was warming up that morning and the ice and snow melted and slid off the business’ roof which ended up landing on top of my hood causing damage.

I filed a claim with their insurance (Chubb) and they came back and denied my claim stating it was a “natural accumulation”.

What are my options to go against their decision or file in small claims? It seems like they were completely negligent and liable. I was appalled to hear of their decision.

1 Lawyer Answer
Dan Rowan Cortright
Dan Rowan Cortright
  • Insurance Claims Lawyer
  • Rohnert Park, CA
  • Licensed in California

A: You may have a bad faith claim for denial of your claim, but it will likely depend on the terms in the business insurance policy. However, even if the insurance policy won't cover your loss, you may still be able to sue the business for negligence for your damages, but you will likely need to file suit in AZ since that's where the business is and where the damage occurred. I suggest contacting an AZ attorney to discuss your options.

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