GEICO motorcycle theft denial

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GEICO motorcycle theft denial

GEICO denied my motorcycle theft claim because I would not provide my cell
phone records to them. Thus, it is my contention that GEICO is acting in
bad faith.

The adjuster referred my case to a fraud investigator because I told her
she should get all records such as police reports, as I was too busy. She
threatened to close my claim, which is exactly what she has done.

Asked on November 16, 2017 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your only option is to sue the insurer for breach of contract: for not honoring their contractual (an insurance policy is a contract) obligation to pay for this claim. In the case, you'll have to prove that under the terms of the policy and the facts of the situation, they should have paid. But before doing that, consider the following:
1) You have an obligation to cooperate in the investigation of your claim; if a court considered their request for the phone records reasonable, you'd be in violation of your obligations and that would justify them not paying the claim.
2) If they want your phone records in the lawsuit, they can get them: they can use the legal mechanism of "discovery" to compel you to produce them.
3) In theft claim, it is fairly common and generally reasonable to look into the insured's communications and finances, to see if they have collaborated in the theft or otherwise be submitting a fraudulent claim.


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