I live in San Francisco and my insurance claim office is in Vallejo. Although I have full comprehensive insurance with high deductibles, my insurance is refusing to cover my $45,000 car that is stolen arguing that I did not lock my car when I got off the car to buy stamps from the stamps machine in post office for 2 minutes.
I want to file a law suit against my insurance. Since I live in San Francisco, can I file the lawsuit in the San Francisco Superior Court? My insurance claim office is in Vallejo in Solano county.
Thank you.
You can file suit where the car was stolen, the contract entered into [which is probably where you live], or where the insurance company does business [which probably is at least northern California]. You must file within 4 years for breach of a written contract, but it is best to sue as soon as possible.
You need to read in detail your insurance policy to see if it excludes coverage for comparative negligence [likely does not] and then demand a wriltten explanation as to why coverage is being denied, including cltations to the policy language, case law, statutory law,,etc. as to why the claim is beilng denied. Mosr carriers have their attorney's do coverage research and prepare a wriltten opinion as to whether coverage does exist [they will not give you a copy of the actual written opinion]. Off-hand, they appear to be wrong [but I have not looked at the policy language or case law].
