Is there a certain length of time that a rental insurance adjuster have to process your claim?
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Is there a certain length of time that a rental insurance adjuster have to process your claim?
My home was burglarized back almost 4 weeks ago. My adjuster is really nasty with me. After reviewing my case for information, she felt the need to have an investigator investigate. I spoke with the investigator who took my statement but then proceeded to ask me questions like how much money I make a year and have I ever filed bankruptcy. Is that legal? I advised both of them that I run a home business, as well as go to school, so I need to know how long this would take. No one has given me an answer. I don’t think I should have to go out and my a new computer when I pay for renter insurance every month.
Asked on June 27, 2017 under Insurance Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) There is no set length of time they have to process a claim. At some point, if you feel that they have taken too long and are simply not processing it, you could sue your insurer for "breach of contract" (since an insurance policy is a contract) on the theory that they are violating their contractual obligations to you, but would have to prove that they have taken an unreasonably long time under the circumstances.
(If your claim is denied and you believe it should not have been, you could also sue for "breach of contract" and attempt to prove that under the facts and terms of the policy, they were obligated to pay.)
2) They can ask about your personal finances if they believe that there is some reason to think, or at least suspect, that this may be a a fraudulent claim (claiming for more than was stolen; or claiming when there was no real theft and you faked the burglary). Your finances are relevant or germane since they go to your need or motivation to commmit insurance fraud. Insurers are allowed to investigate when they believe their may be fraud; again, however, if you feel that they are unreasonably refusing to process a claim when they should, your recourse would be to sue them for breach of contract.
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