The pipes under my slab house began leaking last year and caused swelling of the soil that ruined my foundation. In parts of my house, the foundation moved so much that windows broke and bricks fell off! I had been paying extra for foundation coverage, but [the insurance company] is telling me they are going to fix the leaks first, then wait for six months to a year to see if the swollen soil contracts enough to avoid foundation repair. Can I sue them now to force them to pay for the foundation repair? — Anonymous, Greenville
Possibly, but you must follow all steps required by your policy and the Texas Department of Insurance. If you have a complaint about the way your insurance company is addressing the issue, you should first look online or on policy paperwork to find the company’s complaint hotline. That should be your first step if you believe covered claims have been improperly denied.
If you are not satisfied with the insurance company’s final answer, you should file a complaint with the Texas Department of Insurance (online at www.tdi.texas.gov). That agency will review, send you an acknowledgment letter, and ask the insurance company for a detailed response. The Department of Insurance will review the coverage terms in your policy, and determine whether the insurance company violated the policy by refusing to pay a covered claim. This process takes about two months.
If you are not satisfied by the Department of Insurance review or outcome, you can speak with an attorney about filing a lawsuit. Whether a suit is a good idea will depend on the exact wording of your policy and your specific circumstances.
If you have a brief legal question on any topic, please forward it to Daniel@smrt-law.com.
Daniel Ray is a Greenville, Texas attorney licensed in all Texas courts. His firm, Scott, Money, Ray & Thomas, PLLC, represents the City of Greenville, Hunt County, and many other public and private North Texas entities. His practice emphasis is civil litigation, wills and trusts and real estate.
This article is intended for entertainment and educational purposes as well as to give the reader general information and a general understanding of the law, not to provide specific legal advice.
By reading this article you agree that you understand that there is no attorney-client relationship between you and the author or publisher. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your area.