How long does a homeowners insurance company have to either accept or deny a claim on my policy?
I filed my claim the end of December 2014, no decision yet, and it's April 2015 (over 15 weeks). They have had 3 inspections on my home and still won't give a decision and they are avoiding my calls and emails.
5 attorney answers
The answer to your question can be found in your insurance policy. The claims procedure including deadlines and other details should be set forth in the policy. It sounds like there is more going on that simply a lack of response; for instance, you have had three inspections. If your insurance company is avoiding your calls and emails, then it is time to get a lawyer. Good luck!
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Depending on the complexity of your claim (you haven't said what the claim is about or described any of the relevant facts), 15 weeks may or may not be an inappropriate length of time for the carrier to be taking.
Your question has a complex answer that you need an attorney to determine. I agree with my colleague that your insurance policy will generally lay out the terms surrounding claims you may make, but it is also true that California's bad faith insurance practices laws and case law interpreting that body of law all come together to indicate what is an appropriate claims investigation period under the circumstances, and what is not.
Again, the law governing this area is highly complex.
You may wish to retain a public adjuster to push the claim for a short period, and if you get nowhere, you should consult legal counsel familiar with bad faith claims and with how a carrier's handling of any particular claim is governed by law in California.
This is an informal response based upon limited information and should not be relied upon by anyone reviewing it as proper legal advice. It is intended only to provide preliminary information on the subject of the user's inquiry, and applies only California law. Legal counsel should be retained to provide specific advice based upon a full examination of the facts and the law applicable to any particular case. Neither Paul N. Philips nor The Law Offices Of Paul N. Philips, APLC agrees by this post or by participation on this site to act as anyone's attorney until a formal retainer agreement has been signed. For more information please visit www.pnplegal.com.
My advice is simple - you definitely need a lawyer. The longer you deal with the insurance company on your own, the more you hurt your case.
More specifically, your insurance company must advise you of the status of your active claim(s) every 30 days.
Without knowing your specific facts and circumstances, it is impossible to determine whether the delay is reasonable. However, the fact that you already had 3 inspections indicates that there are some thorny questions the carrier is trying to play to their advantage. This situation is another strong indicator that you would definitely benefit by engaging an attorney.
Please let me know if there is anything I can do to help.
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