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Under common law and California statutes, insurance companies have duties and obligations they are supposed to comply with while handling a claim submitted by a policy holder. This message brings you a few of those duties and responsibilities. It is not a comprehensive or exhaustive review of all of an insurance company's duties. It's merely an overview of some of the more basic duties an insurance company owes to their policy holders. An insurance company has a duty to treat their policy holder fairly and reasonably and in good faith. They have a duty to fully investigate claims submitted by their policy holders and they should never deny claims prior to making a complete and full and reasonable investigation. When an insurance company does deny a claim, they have a duty to provide the policy holder with the grounds and basis for the denial. They have a duty to respond to communications from the policy holder in regards to claims. They also have a duty to exercise diligence in the handling and payment of claims and they have a duty to make prompt and full payment on claims when liability is not in dispute. Further, an insurance company should never harass witnesses or solicit false statements or threaten to close a file unless the policy holder accepts a low ball offer. If an insurance company fails to properly perform their duties and they do not treat their policy holder reasonably, their conduct under California law could be grounds for a bad faith law suit and could result in damages above and beyond the contract benefits under the policy. If you are a business owner or individual consumer having a problem getting benefits that you believe you are entitled to under your policy please contact our office for a free consultation. When you call, please let the receptionist or other member of the staff that you talk with know that you obtained our name on the intenet and ask to speak directly with one of the attorneys to discuss your problem. |
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The Law Office of Robert Bruce Arnold (c) 2000 The Law Offices of Robert Bruce Arnold |
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