What to do if I need to know if I have a case against my insurance company for bad faith?

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What to do if I need to know if I have a case against my insurance company for bad faith?

I have been attempting to get approval/denial to see a provider for the last 3 months. They told me today it still may be a few weeks before I hear anything.

Asked on February 24, 2014 under Insurance Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could bring lawsuit against them for breach of the "covenant of good faith"--the requirement, attached to all contracts by law, that the parties to the agreement deal with each other in good faith; and also for breach of the contract itself, since they are evidently not complying with their policy obligations to respond to you. Before doing that, since lawsuits cost money and take time, you may try to contact their legal department, document the history of your attempts to get an answer, and let them know you will take legal action if necesary.

Alternatively, you could contact your state's department of insurance and seek to complain to them; they may take action.


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