Fresno, CA asked in Insurance Bad Faith for California

Q: I contacted my insurance company a few days about about a claim - how long do they have to get back to me?

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1 Lawyer Answer

A: The California Department of Insurance (CDI) published "Fair Claims Settlement Practice Regulations" under Title 10 of the California Code of Regulations.

Section 2695.5 sets out limits insurers must comply with when adjusting claims:

When an agent or other insurance representative receives a claim, that claim must be immediately tendered to the insurer;

Within 15 days of Notice of a claim, the insurer must acknowledge receipt AND provide the insured with all necessary forms and instructions AND begin the investigation of the claim;

An Insurer must respond within 15 days of any inquiry from the insured and within 21 days of any inquiry from the California Department of Insurance;

Within 40 days of receipt of the notice of a claim, unless the insurance company otherwise advises the insured in writing with reasons for delay and updates the reasons for delay every 30 days, an insurer must accept or deny claims in whole or in part and affirm or deny liability;

Claims should be paid within 30 days after coverage is determined or a settlement agreement is reached (subject to a few exceptions).

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