Legal Question in Insurance Law in California

First, my insurance company did not fix my home for 2 years (also were negligent in their hiring of a contractor who left a hole in the floor and I broke my back), then I found out they had "accidentally closed my claim." Then they came in and said my home would be fixed in 2 months max. Then they took all my furniture out of my home, for not 6 weeks, but for 3 months. My home still was not finished. (This was in June of 09' from August of 07'.) They also told me I had to use the insurance company contractors. It is now January of 2010. My home is still not completed. They came in and did do a lot, but it was not completed and a lot not done properly and certainly not timely. I am now healing from spine fusion surgery. I am exhausted and completely broke financially, physically and mentally from all this.

AND NOW it has been concluded that when the furniture was brought back from their storage facility they also brought back a bedbug infestation. I can't even begin to tell you how I feel. Now they ask me "what do you want us to do?" I want to know what to tell them please and should I retain counsel? I have no money to pay council as this whole mess has drained me totally.

And I also want to know if my 2 disabled adult sons who live with me have a right to sue me, or the insurance company over their own extreme stress and now loss of their personal belongings, etc. due to the bedbugs.

Thank you for any answers you can help me with. I truly need guidance as I am so exhausted and do no even want to be in this house I use to love so much any longer. Yet, where else would I go?

Sincerely,

Barbara


Asked on 1/05/10, 9:43 pm

3 Answers from Attorneys

You should have retained counsel long ago. Based on your situation, and assuming there are not important facts you have left out that would excuse the insurance company's conduct, you have a serious insurance bad faith case. You should be able to find an attorney who would take the case on a contingency basis.

Without more information, I'm not sure what rights your adult sons might have.

I generally do not take contingency cases myself, but do in some situations. If you would like to discuss your situation further I could let you know if this would be a case I would take on that basis, and if not I would be happy to refer you to some attorneys I know who would. Feel free to call my office or send me a email.

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Answered on 1/11/10, 2:08 pm
Steven Murray Steven W. Murray, APC

You should immediately contact an attorney. In some circumstances the insurer is responsible for the improper work done by its repairers. If you do not know a lawyer, there are bar associations in San Francisco and Marin counties. I know some lawyers up north, so if you need a referral, feel free to call me.

And your sons may have a damage claim also: they are probably additional insureds under your policy.

Good luck.

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Answered on 1/11/10, 3:00 pm
Joel Westbrook Miles & Westbrook

Because your claim is well over a year old, a major potential issue in your case is the statute of limitations, which is the deadline for when you can sue. Generally, though, the statute of limitations is tolled while your carrier is investigating. You should contact an attorney as soon as possible to evaluate whether you still have the right to sue and to deal with your insurance company. For instance, your insurance company usually cannot force you to use a particular contractor.

If you would like a consultation, please call or email me.

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Answered on 1/11/10, 5:11 pm


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