How To Sue An Insurance Company

Suing an insurance company usually requires a legal basis beyond simply being unhappy with a claim decision. The first step is to identify the type of dispute: for example, a disagreement over coverage, an unpaid contractual benefit, the value of an uninsured or underinsured motorist claim, or alleged bad-faith claim handling. Review the policy, denial letter, correspondence, estimates, medical records and other supporting evidence. Many disputes can be challenged through the insurer’s internal process or negotiation before a lawsuit is filed. If litigation becomes necessary, the claims may include breach of contract and, where permitted by state law and supported by the facts, bad faith or other causes of action. Filing deadlines and procedural requirements vary. A third-party liability insurer also has different legal duties from your own insurer, so the available claims are not necessarily the same. An attorney can review the policy language and claim file to determine whether the insurer’s conduct provides a valid cause of action and what remedies may be available.