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Rights of Policyholders

HELPFUL TIPS FOR YOUR INSURANCE CLAIM

     It pays to know the basic rules governing your insurance claim. The following is a summary from the Department of Insurance:

     1. State law requires your insurance companies to assist you, the policyholder, in determining the amount the insurer owes you. This includes disclosing all benefits, coverages, or time limits in your insurance policy that may apply to your claim.

     2. Every insurance company claims adjuster or agent must furnish the claimant with a complete response within 15 days upon receiving any communication from a claimant that reasonably suggests that a response is expected.

     3. It is illegal for any insurer to discriminate in its claims settlement practices based on race, gender, income, religion, language, sexual orientation, ancestry, national origin, or physical disability, or upon the territory of the property or person insured? State law provides that upon receipt of proof of claim, every insurer shall accept or deny the claim or give written notice regarding additional information that is needed.

     4. State law requires that upon acceptance of a claim, the insurer shall tender payment of the undisputed amount within 30 calendar days.

     5. State law prohibits an insurer from delaying or denying the settlement of a claim with its policyholder on the basis that the responsibility for payment should be assumed by someone else.

     6. Insurance companies are prohibited from requiring you to use non-original equipment in the repairs of your vehicle unless the parts are equal to the original equipment with respect to kind, quality, safety, fit, and performance and the insurance company warrants the same.

     7. If non-original equipment is used in the repairs of your vehicle, such parts must carry permanent, non-removable identification so as to identify the manufacturer.

     8. Replacement costs under a homeowner's policy means that the insurer must replace all items in the damaged area so as to conform to a reasonably uniform appearance. Any consequential physical damage incurred in making the repair or replacement, not otherwise excluded by your policy, must be included.
 

© Law Offices C. Joe Sayas, Jr.
 

[C. Joe Sayas, Jr., Esq. is an experienced trial attorney helping to protect the rights of employees, policyholders, and consumers. Mr. Sayas has obtained multi-million dollar recoveries for his clients and their families in cases involving serious personal injuries, wrongful death, insurance claims, wage and hour (overtime) litigation and unfair business practices. He is currently Class Counsel to thousands of employees seeking recovery of back wages and consumers seeking damages arising from the sale of insurance policies. He is a graduate of Georgetown University Law Center Washington, D.C. and the University of the Philippines.]

Disclaimer: As a public service, the Law Offices of C. Joe Sayas, Jr. has prepared informative articles on topics of interest to consumers and policyholders. Nothing contained in these articles should be construed as creating or intending to create an attorney-client relationship or purporting to give legal advice on individual matters. Due to constant changes in the law, exceptions to general rules of law, and factual differences, please seek professional legal advice before acting on any matter.


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