What can I do about a delayed insurance claim?

It’s been more than 45 days since I had a break in theft loss at my small business. The insurance company is still investigating, already furnished all proof of documentations and required docs within the first 2 weeks. Due to business operation expenses, repairs on damages we were forced to vacant the location to prevent further losses and we didn’t have an emergency plan in place. Now the insurance company wants to send a 3rd party out to the business location but it’s no longer vacant what is the law in denial or payout and what are our options at this point? It’s been taking so long because the claim adjuster doesn’t respond back, giving us the run around, stalling time.

Asked on November 16, 2013 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

All contracts--and that's what an insurance policy is; a contract--have added to them by law what's commonly called "the implied covenant of good faith and fair dealing." If you believe your insurer is not  acting in good faith in regards to your policy, and/or is violating any express terms of the policy (such as in regards to settlement procedure, timing, etc.), then you could sue the insurer to enforce the policy and obtain the payment to which you believe you are entitled.

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