Is there anything legally that can be done to an insurance company for failure to provide timely payment or refusal to pay without a signed release?

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Is there anything legally that can be done to an insurance company for failure to provide timely payment or refusal to pay without a signed release?

I have a homeowner’s insurance claim that has been going on for over 10 months. After repeated estimates, 2 fired insurance employees and over 100 unreturned calls, I finally received the first of what is supposed to be several draw checks. Which took over a month to receive. I was also to receive a check for contents at the same time which I have not received. They always have an excuse as to why it has not been sent etc. Now they want me to sign a release before they will send me any of my other draw checks or anything. At this point I am fed up is there anything legally that can be done?

Asked on June 18, 2012 under Insurance Law, Florida

Answers:

Jonathan Pollard / Pollard LLC

Answered 9 years ago | Contributor

First and foremost, do not sign any such release under any circumstances without talking to an attorney.  It is highly unlikely that your policy contains any language that requires you to sign a release.  And there is the risk that the release could be incredibly broad, and get the insurance company off the hook for all sorts of damages-- including future damages/claims.  Based on the course of conduct in which your insurance company has engaged, there may be the possibility of a bad faith claim. 


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