IIs my insurance company is acting in bad faith?
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IIs my insurance company is acting in bad faith?
My car was stolen two month ago. I
have provided every single documents i
was asked for my claim has not been
denied and been taking a long time to
pay.
Asked on June 25, 2019 under Insurance Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
There is no set time for this: it is often faster, but there is no deadline within which they must act. It could be bad faith; it could be your paperework got lost in a pile of paperwork (so to speak); it could be an overworked, disorganized, etc. employee (claim representative); or it could be that they are still investigating or considering it because they have some qualms about the case--insurers are often skeptical of car theft claims, expecially when the car is not later recovered, because they suspect that they may be insurance fraud (false claims).
If and when you believe too much time has gone by without an answer or timeline for payment, you could file a "breach of contract" lawsuit against your insurer on the grounds that by not paying you, they are violating their contractual obligations (an insurance policy is a contract). In the case, if they have a reason to not pay, they'd need to present and prove it.
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