Can I sue my home insurance company for bad faith?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue my home insurance company for bad faith?

California had a huge storm and an extremely large branch fell off my tree
leaving the tree ‘unbalanced’ as one tree company indicated. The large branch
that fell took a large part of fence down.

My homeowners insurance informed me they are not going to pay to have the tree
taken down because it is still standing and the policy does not pay for it,
however tree company said the tree needs to come down because it is unbalanced
and not safe.

Asked on January 29, 2017 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What does your policy say? An insurance policy is a contract. The insurer must pay whenever (and how much) the policy says they must; but it does not have to pay any other amounts or any other times, no matter how urgent or necessary. If you believe that under the terms of the policy, they must pay for tree removal, you could sue them for breach of contract for not doing so. But if the plain terms of the policy do not require removal, they do not have to pay to remove it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption