Can I sue?

9/28 we filed a claim with liberty mutual for possible
water damage on our flooring. We were unsure of the
actual cause or where. An adjuster came and looked
under our house, did not see any leaks and said it
could be ground moisture but did confirm the
damage. They sent a leak detection specialist out that
confirmed a found leak above the point of damage
which could have been coming down the wall as and
resulted in the damage to the floor, took pictures and
video of the water leak. Specialist advised us to turn
water off upstairs, and not to fix it and wait for the
insurance company. 3 days later Insurance claims
specialist called and said our claim was denied due to
it being considered long term seepage- over 14 days.
Our county has been in a drought for months, had a
recent burn ban. There was no ground moisture.
There was no actual drip where leak was found but
an actual leak.

Asked on October 24, 2019 under Insurance Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

An insurance policy is a contract: under it, the insurer is obligated to pay when the factual circumstances, as applied to the policy, indicate they should. If you believe that under the terms of your policy and the facts, they should have paid your claim, you could sue the insurer for "breach of contract": violating the terms of the policy. In the case, you'll need to prove what the facts were and that under those facts, per the plain terms of the policy, the insurer should have paid.


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