Liberty Mutual delaying payout.

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Liberty Mutual delaying payout.

My house experienced extensive water damage over a month ago. A water mitigation
company was brought in from Liberty Mutual and did more damage. The house is
considered uninhabitable now. Liberty Mutual has not sent contractors out to
finish the job, nor provide me with start up money they promised. There Reps have
consistently lied about sending checks out. I have been staying at my neighbors
and never get a response from Liberty Mutual regarding a payout. ‘The check is in
the mail.’ is there response. That was three weeks ago. They also said they would
provide housing and a perdiem while my house was being repaired. Neither has
happened. Have discovered this is a common tactic used by them to withhold money.
Can I sue?

Asked on May 1, 2018 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can sue the insurer for "breach of contract": that is, for not honoring their obligations under the terms of the insurance policy which, after all, is a contract.
If the water mitigation company, even though sent by the insurer is not part of the insurer (e.g. it is its own company), you may wish to sue that company, too: you would sue them based on negligence, or unreasonable (or unprofessional) carelessness for the damage they caused.


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