What to do if I have hurricane homeowner’s insurance but the insurance company isn’t doing anything?

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What to do if I have hurricane homeowner’s insurance but the insurance company isn’t doing anything?

Al it’s done is deny my claim’s, except for some paint. The roof tore off causeing water damage. Now I have mold growing inside my home making me sick.

Asked on June 17, 2013 under Insurance Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An insurance policy is a contract: while the insurer does not need to provide any more coverage or compensation than the policy, by its very terms, states, it also *must* provide whatever coverage it agreed to. If you believe the insurer is not honoring its contractual obligations under the policy--that is, you believe it is refusing to pay when it should--you have the right to sue the insurer for breach of contract. If you can prove in court that they violated the terms of the policy, you could obtain compensation--e.g. the coverage to which you are entitled. You should, however, address any serious problems--like mold--immediately, without waiting for the outcome of any lawsuit: lawsuits take months, or even years, and in the meantime, you not only have to take care of your health, but the law will hold you accountable for any costs or damage you could have prevented but chose to not (the law expects people to act reasonably to prevent escalating injury, sickness, property damage, or other economic losses).


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