What to do if my car caught on fire 2 months ago and my insurer said that it was due to a wrongly placed oil filter so until it receives those maintenance records, it’s not sending the settlement check?

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What to do if my car caught on fire 2 months ago and my insurer said that it was due to a wrongly placed oil filter so until it receives those maintenance records, it’s not sending the settlement check?

Is that legal?

Asked on January 8, 2016 under Insurance Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the insurer is allowed to research or investigate claims before paying. However, if you feel that the investigation is not legitimate (i.e. they are looking into things not relevant to whether or not they pay; are just using the investigation to avoid paying), you can sue them for breach of contract (breach of their obligations under the insurance policy, which is a contract); if you can prove that under the facts/circumstances they should pay, you can force them to pay (get a court judgment ordering them to pay).


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