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Insurance Bad Faith Checklist

How to Build the Paper Trail

These cases are won on documents, and most of the useful ones are things you can create yourself as you go. Start now, even if you have not decided whether to pursue anything.

  1. Put everything in writing, including phone calls

    After any substantive call, send a short email confirming what was discussed and agreed. You are not being difficult; you are converting a conversation into a record that exists whether or not anyone remembers it.

  2. Keep a dated contact log

    Date, time, who you spoke to, what was said, what was promised. Patterns of delay only become visible when the individual instances sit next to each other.

  3. Save every version of every document

    Denial letters, reservation-of-rights letters, proof-of-loss forms, estimates, and the envelopes or email headers that show when they arrived. Timing is often the point.

  4. Track what you send and when

    Note the date you submit anything the insurer asks for. Repeated requests for material you already provided are a recognized form of unreasonable handling, and only your log proves it happened.

  5. Record the consequences, not just the claim

    What the delay or denial cost you — the repair you could not make, the treatment you deferred, the interest you paid. Those losses can be recoverable, but only if they are documented as they occur.

  6. Keep it somewhere that is not only your email

    A single folder, backed up. Claims run long, phones get replaced, and accounts get locked at exactly the wrong moment.

What you can actually sue for depends on your state

These steps apply wherever your policy was issued. Whether you can sue under a statute, what you can recover, and how long you have differ sharply between states — choose yours.

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General information, not legal advice. Insurance law differs by state and every policy is different.