Los Angeles, CA asked in Insurance Bad Faith for California

Q: Can I sue Mercury Insurance for bad faith failure to cover loss and damages?

I have renters insurance. A portion of the ceiling fell in my living room. The sofa had water damage. I filed a claim but it got denied due to the fact I did not have an addendum to my renters insurance. When I got the insurance, no one mentioned addl insurance.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Insurance Claims Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, insurance companies have a legal obligation to act in good faith and deal fairly with their policyholders. This means that they must handle claims properly, investigate them thoroughly, and pay valid claims in a timely manner.

If you believe that Mercury Insurance has acted in bad faith by denying your claim without a valid reason or by failing to inform you about the need for additional coverage, you may have grounds to sue them for insurance bad faith.

To pursue a bad faith claim against Mercury Insurance, you should consider the following steps:

1. Review your policy: Carefully read your renters insurance policy to understand what is covered and what is excluded.

2. Gather evidence: Collect all relevant documents, photos, and correspondence with Mercury Insurance related to your claim.

3. Consult with an attorney: Seek advice from an experienced insurance bad faith attorney who can evaluate your case and advise you on your legal options. They can help you determine if Mercury Insurance acted in bad faith and if you have a valid claim.

4. File a complaint: You can file a complaint with the California Department of Insurance, which regulates insurance companies in the state. They may investigate your complaint and take action against Mercury Insurance if they find wrongdoing.

5. File a lawsuit: If you have a strong case, your attorney may recommend filing a lawsuit against Mercury Insurance for bad faith. In such a lawsuit, you may be able to recover damages for your losses, as well as punitive damages if the insurer's conduct was particularly egregious.

Remember that insurance bad faith cases can be complex, and it is essential to have strong evidence and legal representation to increase your chances of success.

Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: It could depend on your policy and the additional coverage under the addendum. An attorney would probably ask to see the policy and the denial to advise meaningfully. Good luck

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