Insurance delaying payment of claim

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Insurance delaying payment of claim

Totaled car in accident. Had full coverage. The insurance company keeps giving excuses on why not paying my claim.

Asked on December 21, 2016 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your insurance policy is a contract; the insurer is obligated to pay out claims when the facts or circumstances of the claim (e.g. how the damage was done), when applied to the plain terms of the policy, require them to pay. If they refuse to pay--either outright, or simply keeps giving you the runaround--you could sue them for "breach of contract" for a court order requiring them to pay the amount of the claim. To win the case, you'd have to prove in court that the policy requires them to pay out now. 


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