Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.
As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.
A:
Based on the limited information provided, it does not necessarily indicate bad faith on the part of your insurance company at this point. However, there are a few things you can consider:
- Review your policy to understand the claims process and typical timelines for payments. Many policies have clauses about the time period for payments after proof of loss is provided.
- Document all your communications attempts - dates/times of phone calls, emails, etc. Keep notes of who you spoke to and any promises made.
- Send a formal letter via certified mail to your insurance company requesting an update on the status of your claim and expected payment date. Cite relevant policy sections.
- Contact your state insurance commissioner to file a complaint if the lack of response continues beyond reasonable timelines. They can help investigate if unfair settlement practices are occurring.
- Consult with an insurance attorney for additional guidance if you remain unsatisfied with the insurance company's response and believe they are breaching their duty of good faith. There are consumer protection laws they must abide by.
The key is having written documentation that shows you are making reasonable efforts to settle the claim and the insurer is unresponsive. This builds your case for a complaint. However, a few weeks delay in itself may not strictly qualify as bad faith unless they make no efforts or communications.
A: I'm sorry for your fire. It isn't necessarily bad faith. They could be reviewing the file with their investigator. Fire claims can sometimes receive close scrutiny. Good luck
A: Addendum - Despite the time it could take to investigate fire claims, your inquiries deserve responses. If the matter continues to be delayed indefinitely with no reasonable basis, then an attorney who handles property & casualty claims could advise more definitively about the best and most-effective options, based on the scope of damages. Good luck
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