How to file a claim for bad faith with my insurer?

I feel that I have a claim for bad faith. My renters insurance company hasn’t been contacting me on the basis and status of my claim. It’s been close to 20 weeks and i have no clue whether my claim has been accepted approved the payout amount or anything.

Asked on March 1, 2019 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A claim for contractual bad faith (e.g. violation of the "implied covenant of good faith and fair dealing," or the law-imposed obligation to deal with the other party to a contract, including an insurance policy, in good faith and to not act so as to deny them the benefit of the contract) is made via lawsuit. You would sue your employer for both "breach of contract" (i.e. violating the policy/contract by not paying when its terms say they should pay) and also for breach of the implied covenant of good faith and fair dealing. So you would not bring this claim unless and until you are ready to sue your insurer over it.


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