How long does the law allow an insurance company to settle an AIP claim for my dead brother? I am the beneficiary and I filed the claim on 11/08.

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How long does the law allow an insurance company to settle an AIP claim for my dead brother? I am the beneficiary and I filed the claim on 11/08.

My brother died outside the US (Africa) in October 08. I filed a claim as his listed beneficiary in his accident insurance policy in November 08. I have sent everything the insurance company requested (police report, death certificate, autopsy report, doctors report, etc) but they are delaying paying the claim. They have not denied the claim nor have they told me the reason for the delay despite several letters and phone calls. How long can they legally delay paying the claim? Should I get an attorney to write them or what do you suggest?

Asked on June 24, 2009 under Insurance Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Since we don't serve as your legal counsel and have not reviewed your documentation, etc, we cannot recommend a specific route.

You do have at least two routes available to you, whether you wish to pursue them simultaneously or separately will be up to you and your family.

A. Consult a private estate planning or insurance attorney (not insurance defense).  You can try www.attorneypages.com and check his or her record at www.calbar.ca.gov under attorney search.

B. Contact the California Dept of Insurance and file a complaint or inquiry.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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