Well, it depends. If you are in New York, the answer is probably not, because unlike other jurisdictions in the country, such as California, it is very difficult, if not nearly impossible, to prevail on a bad faith claim against an insurance company in New York. However, you may still wish to pursue either a breach of contract action against the insurer, or bring a lawsuit under the New York Insurance Law to compel them to pay your policy.
Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer