Insurance Claim Articles
 
Combating Carrier Delay

By Jeffrey L. Greyber, Esq.

All too often, potential clients find themselves dealing with insurance company foot dragging.  The most common example of foot dragging is the insurance company’s taking an inordinate amount of time to provide the policyholder with the most simple of documents, the policy.  Well, what to do about that?  No need for me to reinvent the wheel … here is an article entitled Claim Delay 101 that I published in December 2013: 
           
http://www.propertyinsurancecoveragelaw.com/2013/12/articles/bad-faith/claim-delay-101/

Here is the statutory language in Florida that requires insurance companies to promptly communicate with policyholders:  “acknowledge and act promptly upon communications with respect to claims.”  Fla. Stat. § 626.9541(1)(i)3.c.  Then, Florida statute requires the insurance company to represent policy provisions accurately and relate claim decisions to applicable policy language.  See Fla. Stat. § 626.9541(1)(i)3.b and Fla. Stat. § 626.9541(1)(i)3.f, respectively.  Reading these statutes together, an insurance company is required to (among other things) promptly oblige a policyholder’s request for a copy of the policy.  Here is the link to the aforementioned statutes: 

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0626/Sections/0626.9541.html

As noted in the aforementioned Claim Delay 101 article, one way for a Florida policyholder to light a fire underneath the insurance company’s you know what (without having to sue the carrier) is a Civil Remedy Notice.  And, of course, for non-Floridians (or even Floridians, for that matter) there are other ways to inspire an insurance company to move a claim along toward approval without litigation.  If you are having trouble moving your insurance company along, please feel free to contact us … the intake analysis is a courtesy.

 

 

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