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The insurance denied my claim but they failed to respond within the time period specified. Is the a default?

My claim was denied on the basis that the claimed item was not covered in the contract. However the insurance company did not respond to my claim within the time period specified in the contract. Which clause in the contract comes first? They did however responded within 90 days from the first filing to their final response. Is the 90-day period a limit being upheld in a U.S. court of law?

Public Comments

  1. What time period is specified? I've never SEEN anything, where they are required to respond within a stated time period. If your contract says, they need to respond within 90 days of the claim notice being given, it should ALSO state what the penalty is for their not responding. And, I'm very confused by this - if they DID respond within 90 days of the first filing, then yes, they met the obligation. The clock doesn't start ticking, until YOU tell them about the claim.
  2. Answer from a General Insurance Agent In the state of Texas and most other states, the Insurer is required by law to respond with an initial settlement offer within 60 days of notification that a loss has occurred. You should check the Insurance Code for your state to verify the required time period. However, if a first offer is made and the claimant or insured does not agree with that offer, this is when the negotiation begins. The initial offer so long as it is reasonable satisfies the state requirement. If an item or particular loss was not covered on y our policy,, then it was just not covered.. so no court would uphold the claim anyway. Take Care.
  3. You would get more helpful answers if you told us what kind of insurance policy you are dealing with here. For instance an automobile policy will have different language and time frames than a health insurance policy will.
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