Liberty Mutual delaying payout.

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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.

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