Q: Do I have a negligence claim against my insurer for delaying my storm damage claim due to their address error?
A severe storm damaged my home on Sept. 28, 2024. Despite clear evidence of damage, my insurer delayed the claim process, repeatedly demanding more inspections, interviews, and placing me under a special investigation. They seem suspicious that I don’t actually live in my home, which is required by my policy. However, I’ve been a resident here for 8 years. I discovered the insurer had been sending all important policy notices, including major deductible and coverage changes, to my old address for years. Their failure to update my correct address created this confusion and led them to unjustly doubt my residency. As a result, my home remains unrepaired through winter, causing financial and emotional strain. Given their negligence in maintaining accurate contact records and the harm it’s caused, can I pursue a negligence claim or other legal remedy against my insurer?
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- Tennessee
- (865) 637-3035
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- Answered
A: Suing an insurance co for bad faith is possible, but only up to 25% of claim amount is possible judgment. (both are by Statute) Ins Co can also counterclaim for bad faith suit against you. It is risky and difficult to sue your own carrier, but talk to some real lawyers in your area about suit or not. You need a very good case or forget about it.
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