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  1. #1
    Join Date
    Sep 2018
    Posts
    1

    Default Can You Sue Your Insurance Carrier for a Denial of Coverage

    My question involves a traffic ticket from the state of: TN
    I was in a front end collision in which i was the responsible party. Due to the speed, level of impact and likely the weight of the cover, the collision damaged my bed cover. Its a "roll-up" metal and plastic cover. During the impact the bed cover pulled the locking bar away from the main cover, came out of the track that it normally rides in and damaged the primary cover of the bed and the locking bar and mechanism.
    My insurance company gave me 3 reasons why they are not going to cover the damage however I have corrected their assumptions and the adjustor agreed that the damage was plausible and could have been due to the accident and the 3rd is a ridiculous comment/claim about tape, "holding the bed cover together". They are still refusing to cover it.
    I want to sue the carrier as its a $2k bed cover. If it were only a few hundred dollars, I wouldn't bother but its $2k.
    Can I sue in small claims? If so, which company address do i place on the court subpoena? Major Carrier..

  2. #2
    Join Date
    Oct 2016
    Posts
    4,286

    Default Re: Filing Suit Against My Insurance Carrier for Denial of Coverage

    The first thing you need to do is read your policy to see if there is any sort of arbitration requirement. If there is you can't sue at least not off the bat.

    I can't find any reason in the law that you couldn't sue in small claims. The carrier has a registered agent in the state of TN and that is where they should be served.

    To find that go here https://tnbear.tn.gov/Ecommerce/FilingSearch.aspx

    You might also want to file a complaint with the TN Dept. of Commerce and Insurance. https://www.tn.gov/commerce/resource...complaint.html

  3. #3
    Join Date
    Mar 2013
    Posts
    18,230

    Default Re: Filing Suit Against My Insurance Carrier for Denial of Coverage

    Quote Quoting ecoman
    View Post

    I want to sue the carrier as its a $2k bed cover. If it were only a few hundred dollars, I wouldn't bother but its $2k.
    Can I sue in small claims? If so, which company address do i place on the court subpoena? Major Carrier..
    Look at the last few pages of your policy booklet under General Provisions (or words to that effect) and find what looks like the following paragraph:

    Legal Acton Against Us
    A. No legal action may be brought against us until there has been full compliance with all the terms of this policy.
    Now look at the Damage to Your Auto section and find the Appraisal provision:

    APPRAISAL
    A. If we and you do not agree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will select a competent appraiser. The two appraisers will select an umpire. The appraisers will state separately the actual cash value and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will:
    1. Pay its chosen appraiser; and
    2. Bear the expenses of the appraisal and umpire equally.
    Generally, if you sue without invoking the Appraisal provision the insurance company could get the lawsuit dismissed. You can certainly try the lawsuit first and see if it gets overlooked. That's up to you.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Filing Suit Against My Insurance Carrier for Denial of Coverage

    Jack, if this is not an oem installed cover could they refuse to cover it unless specifically listed as an added extra?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,230

    Default Re: Filing Suit Against My Insurance Carrier for Denial of Coverage

    Quote Quoting jk
    View Post
    Jack, if this is not an oem installed cover could they refuse to cover it unless specifically listed as an added extra?
    The standard exclusion for accessories is:

    11. Loss to any custom furnishings or equipment in or upon any pickup or van. Custom furnishings or equipment include but are not limited to:
    a. Special carpeting or insulation;
    b. Furniture or bars;
    c. Height-extending roofs; or
    d. Custom murals, paintings or other decals or graphics.
    This Exclusion (11.) does not apply to a cap, cover or bedliner in or upon any your covered auto which is a pickup.
    The non-OEM cap, cover, or bedliner has coverage without being specifically listed.

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