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Should I sue my insurance company in small claims court?

San Jose, CA |

I have insurance for my cell phone, and it broke. They denied my claim for $735 of coverage. They say that they denied me because I was claiming mechanical breakdown, which would be dealt with by the manufacturer warranty; however, the problem is due to fire or explosion, which they say is covered, as I can see that the battery port is charred. The problem is that the phone refuses to charge, and testing has determined that the phone itself is damaged or defective, and not the battery or the charger

What should my next steps be?

Attorney Answers 2


  1. Best answer

    Sure. You might have to go the Calif. Secretary of State's website to find out how to serve your insurance company. But sue them in small claims court. They will probably pay to avoid the hassle of having to appear and defend the case.


  2. Yes, you can sue your insurance company for denying your claim.

    You can find general information about how to file a small claims lawsuit at:

    http://courts.ca.gov/selfhelp-smallclaims.htm

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.