What can I do if my homeowner’s insurance rated my home incorrectly and overcharged me for the last 6 years?

Asked on February 2, 2016 under Insurance Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the matter is not resolved with your agent, you could sue the insurance company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable insurance company would have exercised under the same or similar circumstances to prevent foreseeable harm).  Your damages (the amount of compensation you are seeking in your lawsuit) would be the amount you were overcharged.
One problem which might arise when filing a lawsuit is that there might be language buried in the fine print of your policy that a legal dispute is to be resolved  through arbitration.


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