Can I sue my homeowners insurance company if they dropped me from my policy after 45 years because they said my house was a total loss?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 26, 2013

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Insurance Question from Los Angeles, CA

Asked on 03/26/2013

Can I sue my homeowners insurance company if they dropped me from my policy after 45 years because they said my house was a total loss? I made a claim for weather damage because my house was bubbling on the outside and I had Mildew in my rooms from what seemed like water precipitation in my home. The adjuster visited my house and said my house was a total loss and refused to cover the claim for damage and dropped me from my policy after 45 years of coverage. What should I do? Is this legal?

Answer given on March 27, 2013

Homeowner insurance is intended to protect you from a sudden and accidental damage to the home and/or your contents. It appears from your description that there has been an ongoing issue of water seeping into your home and causing mildew and water damage throughout the home. This type of loss is not covered since it would have happened over a substantial period of time. The adjuster was correct in the interpretation of the policy.He most likely reported the condition of your home to the underwriting department. Based on the information he provided, the company determined the home is no longer insurable, so they have canceled the policy. The do have the right to do this, since it would be considered an substantial change in risk, due to the rundown condition of the home. It is unfortunate since you are a long time client for the insurance company, but they have the right to non-renew the insurance due to its condition.

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