Key Takeaways

  • Insurers must ACKNOWLEDGE receipt of claims within 10-15 days and begin investigation promptly
  • After investigation, insurers must AFFIRM or DENY coverage in writing, citing specific policy provisions if denying
  • BAD FAITH occurs when an insurer unreasonably denies or delays payment of a valid claim—can result in damages beyond policy limits
  • Insurers must make GOOD FAITH settlement offers when liability is clear—cannot use delay as a negotiation tactic
  • Prompt payment laws typically require payment within 30-60 days after proof of loss, with interest penalties for late payment
Last updated: December 2025

Claims Settlement Practices

Based on the NAIC Unfair Claims Settlement Practices Act, adopted by all states.


Required Claims Handling Timeframes

ActionTypical Timeframe
Acknowledge claim10-15 days
Provide claim forms15 days
Begin investigationPromptly upon notice
Make coverage decision30-60 days after proof of loss
Pay claim30-60 days after agreement

Unfair Claims Practices

1. Misrepresenting Policy Provisions

  • Cannot make false statements about coverage
  • Must cite specific policy provisions when denying claims
  • Must explain coverage position clearly

2. Failing to Acknowledge/Act Promptly

  • Must acknowledge receipt within 10-15 days
  • Must investigate within reasonable time
  • Must keep claimant informed of progress

3. Failing to Affirm or Deny Coverage

After completing investigation, must:

  • Provide written decision
  • Explain basis for denial
  • Cite relevant policy language

4. Denying Without Reasonable Investigation

  • Cannot deny claims without investigating facts
  • Must review all available evidence
  • Must request necessary documentation

5. Not Attempting Good Faith Settlement

  • Cannot make lowball offers on clear liability claims
  • Must pay undisputed portions while investigating disputed amounts
  • Cannot use delay as negotiation tactic

6. Compelling Litigation

  • Cannot force claimant to sue to recover clearly owed amounts
  • Must settle promptly when liability and damages are clear

Bad Faith Claims

What Constitutes Bad Faith?

First-Party Bad Faith: Insurer's unreasonable denial or delay of policyholder's own claim.

Third-Party Bad Faith: Insurer's failure to settle third-party claim within policy limits when liability is clear.

Examples of Bad Faith

ActionBad Faith?
Denying clearly covered claim without investigationYES
Refusing to settle within limits when exposure exceeds limitsYES
Intentionally delaying payment to coerce lower settlementYES
Failing to defend insured when requiredYES
Denying claim after thorough investigationUsually NO

Consequences of Bad Faith

  • Damages beyond policy limits
  • Punitive damages possible
  • Attorney fees
  • Emotional distress damages (some states)

Prompt Payment Laws

Requirements

ElementTypical Requirement
Payment deadline30-60 days after proof of loss
Interest penalty18% annual on overdue payments
Late payment penaltyAdditional penalties for unreasonable delay

Exceptions

  • Extended time if investigation ongoing with reasonable basis
  • Disputed claims (good faith dispute)
  • Fraud investigation
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Typical Claims Handling Timeline (Days)
Test Your Knowledge

An insurer denies a claim that is clearly covered under the policy without conducting any investigation. This is an example of:

A
B
C
D
Test Your Knowledge

After receiving a claim, within what timeframe must an insurer typically acknowledge receipt?

A
B
C
D