Legal Question in Insurance Law in Kentucky

Unfair business practice complaint against our home builder's insurance company?

Hi - We have been in an unfortunate situation, in that our home is coming apart. Largely this can be attributed to building code violations that were brought to our attention when we asked the state to come back and take a look at the home. The builder has basically ''blown us off'' which required us to get an attorney and file a formal complaint. We have finished arbitration, where our complaint about the code violations was ''affirmed'' by the arbitrator, but not specific remedy was given. The builder's attorney wants to do cosmetic repairs only, basically covering the construction flaws up. He also has stated that they will appeal any other remedy. My question is that since the building code violations are obvious and undeniable, can we file some kind of complaint against the insurance company for the builder? I should mentions that they have intentionally caused this process to last almost 3 years and we believe their strategy was to try and run us out of money so we would quit fighting this. What more can we do? People who have seen our home can't believe the builder didn't settle this immediately. We are a middle class family who has learned the hard way that justice is only for those who can afford it.

Thanks so much


Asked on 4/27/07, 10:19 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: Unfair business practice complaint against our home builder's insurance company?

Certainly there are other steps you can take, including filing a bad faith claim for punitive damages. The chances of success, though, depend so much on the factual scenario that only an attorney versed in the case could give you and idea.

Are you even sure the builder had insurance? Many do not carry insurance and those that do carry it have exclusions of coverage for poor workmanship. Absent insurance coverage, there may be no assets in the builder's company to allow for recovery. Without knowing a lot more, there is no way to advise you on this. If you cannot find an attorney to take the case on a contingency basis, then you probably do not have a very viable claim.

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Answered on 4/28/07, 6:52 pm


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