Can I receive punitive compensation for bad faith?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I receive punitive compensation for bad faith?
I have a claim open with my homeowners insurance. They have paid for the property damage but will not respond to my request for reimbursement for Additional Living Expenses. I have a letter from my insurance carrier stating they approve the cost of alternate housing during repairs. I sent my insurance carrier my lease agreement and proof of payments. My insurance carrier is now ignoring me. If I sue, could I have a case for bad faith?
Asked on December 5, 2018 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, while you could get the living costs if entitled to them under the terms of your policy, you cannot get punitive damages. This is a contractual claim--a case based on them not honoring their contractual (an insurance policy is a contract) obligations. The law does not provide punitive damages in breach of contract cases.
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 AttorneyPages.com 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.