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I would like to know more about bath faith
I lost my house in a fire last year, the insurance took a long time to work with my contractor and now I am still waiting for them to work in my receipts submitted to them 4 month ago
Asked on September 23, 2019 under Insurance Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If and when you believe they are not honoring their policy (which is a contract) obligations in good faith, you can sue them for breach of the implied covenant of good faith and fair dealing: the obligation, imposed by the law, that the parties to a contract not take unjustified steps to deny the other side the benefit of the contract. But the key is, any delays must be unjustified: a certain amount of time to review any claims and documentation is a given, and if the documentation is incomplete, difficult to read or interpret, etc. a longer time is also reasonably allowable. In my experience, if they are working on and honoring the claims and paying what they should, even if more slowly than they really should, it would be very difficult to sustain a bad faith claim by proving that any delays were truly unreasonable & in bad faith.
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