Can is file a lawsuit regarding bad faith?

UPDATED: Oct 1, 2022

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Can is file a lawsuit regarding bad faith?

My car was stolen and totaled and the insurance company denied the claim because I would not give them my phone records. I did not feel it was necessary. Thus, they indicated that I did not cooperate and denied the claim for the loss. I did the following for theI gave them them a verbal statement I have the police a verbal and written statement I want to know if I can file a lawsuit for the kids?

Asked on January 9, 2019 under Insurance Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you can't file for this reason: the fact is, you did fail to cooperate--you did not provide them requested information which may be relevant. Car theft claims are sometimes fake--insurance fraud. The insurer has a right to investigate whether that is the case before paying. Your phone records--who you called, when, etc.--can be relevant to determining if you had your car stolen to submit an insurance claim; therefore, they have a right to request them. Given that you failed to cooperate, their denial is not bad faith. 

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