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Insurance Bad Faith Checklist

What to Do When Your Insurance Claim Is Denied

A denial is not the end of the claim, and the first two weeks after one matter more than most people realize. These steps protect your position while you work out what the denial actually means.

  1. Get the denial in writing, with reasons

    If it came by phone, ask for it in writing and ask specifically which policy provisions the insurer is relying on. A denial that will not commit to a reason in writing is telling you something.

  2. Read the policy, not the summary

    Request a certified copy of the complete policy including all endorsements. The summary you were given when you bought it is not the contract, and endorsements frequently change coverage in ways the summary never mentioned.

  3. Request your complete claim file

    Ask in writing for the entire file, including the adjuster’s log notes. What the insurer wrote down while deciding is usually more revealing than what it wrote to you afterward.

  4. Write down the history while you remember it

    Every call, date, name, and what was said. Delay and inconsistency are proven with timelines, and reconstructing one a year later is close to impossible.

  5. Be careful with recorded statements and examinations

    You may have obligations under the policy to cooperate, but there is a difference between cooperating and being cross-examined. Get advice before a recorded statement or an examination under oath.

  6. Do not let a deadline run while you appeal

    Internal appeals and regulator complaints do not necessarily pause the legal deadline to sue, and a bad-faith case can involve more than one deadline. Find out which clocks are running before you spend months on an appeal.

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.