Can I sue an insurance company for cancelling my policy?

Asked by: Tyra Schowalter  |  Last update: December 31, 2025
Score: 4.1/5 (43 votes)

If you believe that your cancellation was made on your policy for illegitimate reasons, you have the right to take legal action and pursue a lawsuit against your provider. With help from Brasher Law Firm, PLLC, you can recover damages for financial and emotional suffering caused by an insurance agency's bad faith.

What to do if an insurance company cancels your policy?

Insurers must give you 30 days notice by mail if they are going to cancel your insurance policy. If an insurer sent you a policy cancellation letter, and you disagree with their reason for cancelling your policy, contact us at 1-800-927-4357 (HELP) or visit or online Consumer Hotline for help.

How likely is an insurance company to sue you?

While subrogation allows insurance providers to pursue third parties, an insurer usually cannot sue their policyholders. However, there are certain situations where an insurer may take legal action against its policyholder.

What are the grounds for valid cancellation of a policy?

Premiums After a residential policy has been in effect for sixty days, the insurance company can only cancel a policy for reasons specified by law, which include; nonpayment of premium, fraud , material misrepresentation , or physical changes in the insured property that increase any hazard insured against.

How does suing an insurance company work?

In California, you can sue an insurance company for a maximum of $12,500 if you are an individual. If you are a business suing an insurance company, you can sue for a maximum of $6,250. Note, if you are a sole proprietor, you count as an individual.

5 ways an insurance company can legally cancel your policy

35 related questions found

What happens if I threaten to sue my insurance company?

Your threatening letter will accomplish a few things. First, it will destroy your attorneys' credibility with the insurance company. Second, it will let the insurance company know that you're full of it and don't have the chops to back up your threat. Third, they'll see this as a shakedown, which is what it really is.

What is an example of negligence in insurance?

Negligence is an insurance term that is tied to various types of liability insurance, such as home, life, health, business, and auto. For example, perhaps a retail shop owner was negligent by leaving their water hose out after cleaning the sidewalk, causing a passerby to trip.

Can I sue my insurance company for cancelling my policy?

If you've been the victim of a wrongful cancellation of your health insurance policy, you may be entitled to file a legal claim against your insurer. The aggressive and trial-ready insurance coverage lawyers at Gianelli & Morris are leaders in the field of fighting bad faith by California health insurance companies.

Are cancellation policies enforceable?

Yes, a business can charge you to schedule or cancel an appointment. But the law limits these fees. Prevent these policies from catching you by surprise. Carefully read a business's appointment scheduling and cancellation policies.

What are the three types of cancellation?

Cancellation methods are typically calculated using an online wheel calculator, a type of circular slide rule.
  • Pro rata.
  • Short Period Rate (old short rate)
  • Short Period Rate (90% pro rata)

Do you have to have a lawyer to sue an insurance company?

If you've found yourself in this situation and are considering legal action, you might be wondering if you can sue an insurance company without hiring a lawyer. It is definitely possible, but it's essential to understand the potential challenges and complexities involved.

Can I sue my insurance company for emotional distress?

Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.

How long does a lawsuit against an insurance company take?

If handled quickly, a civil case may be resolved in one year or less. A two-year lifespan is not uncommon for a civil injury case against a single defendant or against an insurance company. Sometimes lawsuits in civil court may last a few years if delays occur.

What happens if an insurer cancels your policy?

What to do if your policy gets cancelled. If your insurer cancels your policy, don't drive until you've got a new policy. If you're caught driving without insurance, you could get an unlimited fine. Even if you aren't driving the car, you'll still need to get a new insurance policy.

How do you appeal an insurance cancellation?

Two Ways to Appeal

You may ask your insurance company to conduct a full and fair review of its decision. If the case is urgent, your insurance company must speed up this process. External review: You have the right to take your appeal to an independent third party for review. This is called external review.

Can you get your insurance back after its Cancelled?

If your car insurance was canceled because you didn't pay your premiums, you may be able to reinstate it. Many insurance companies offer a grace period after you've failed to make a payment. During the grace period, your car insurance can be reinstated once you pay the missed premiums and any fines, interest or fees.

Can you sue for cancellation?

If you believe that your cancellation was made on your policy for illegitimate reasons, you have the right to take legal action and pursue a lawsuit against your provider.

How do you politely enforce a cancellation policy?

How to Enforce a Cancellation Policy (Politely!)
  1. Add it to your appointment booking link. ...
  2. Include a customized online field. ...
  3. Mention the cancellation policy in appointment confirmation emails. ...
  4. Send appointment reminder emails or texts.

What are my cancellation rights?

If goods are faulty and you complain quickly enough you will usually have a right to reject them and get a refund. But you don't always have a right to cancel just because you change your mind.

How do I fight back against insurance companies?

There are 2 ways to appeal a health plan decision:
  1. Internal appeal: If your claim is denied or your health insurance coverage canceled, you have the right to an internal appeal. ...
  2. External review: You have the right to take your appeal to an independent third party for review.

What is a valid reason to cancel an insurance policy?

Here are a few valid reasons for cancelling your auto insurance policy: You no longer drive. You're switching insurance companies. You're covered under someone else's policy.

Can you make a claim on a Cancelled policy?

You'll still be able to make a claim on an event that happened before you cancelled your insurance (assuming you were insured for it). If you reapply for insurance in the future, you'll probably need to answer questions about your health and lifestyle and may not get the same level of cover or at the same price.

What are the 4 types of negligence?

While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

How do you prove negligence in insurance?

To succeed in a negligence case in California, you must establish four key elements: duty, breach of duty, causation, and damages. Negligence Per Se allows the automatic establishment of duty and breach when a law is violated, making it essential in cases like dog attacks.

What does 100% negligence mean?

The pure comparative negligence rule in California allows injured parties to recover damages no matter how much they were at fault, except if they were 100% responsible. This approach is intended to reflect a more precise measure of each party's contribution to the accident.