How do I contest a home insurance claim that was denied?

Asked on August 22, 2015 under Insurance Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, you can do what you seem to be doing trying to voluntarily work it out with the insurer.
Second, if that does not work and you believe that under the terms of the policy, given the nature and origin of the damage, that they should pay you, you could sue the insurer for breach of contract--that is, for violating their policy obligation to pay for the loss. An insurance policy is a contract the insurer is contractually obligated to pay for losses when they fall under the terms of the policy's coverage. A lawsuit is how you enforce your rights under a contract, when the other party does not fulfill its obligations. For amounts less than the small claims limit for your state, suing in small claims court, as your own attorney "pro se" is a cost-effective option for amounts greater than that, you should speak with an attorney about your options.

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