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Dawson and Rosenthal
Dawson and Rosenthal

San Diego Unreasonable Demands for Proof

California sets certain laws in its insurance code that pertain to good faith dealing when evaluating and investigating insurance claims. Simply, an insurance company in California must prioritize the interests of the policyholder above its own and find a reason to grant coverage if possible. Unfortunately, insurance companies will use several tactics to unreasonably delay or deny claims, despite the law. One of the most common ways of doing this is issuing unreasonable demands for proof. If you believe your insurance company is treating your claim unfairly, contact the lawyers at Dawson & Rosenthal, P.C. today to discuss a free review of your legal options.

What Is an Unreasonable Demand for Proof?

Many cases, unfortunately, exist in which an insurer fails to uphold the implied or expressed duties owed to the policyholder. This often occurs when an insurer wants to guard or maximize its profits at the expense of a policyholder who needs the benefits. One of the most common ways an insurer may delay a claim payout is by making arbitrary claims regarding proof of loss. Examples may include:

  • Requesting proof of losses unrelated to the policy or not specifically mentioned in underwriting.
  • Failing to conduct a thorough investigation before making demands for proof.
  • Requesting medical exams or documentation before the full extent of injuries can manifest.
  • Immediately demanding proof of injury before a medical record can be updated.

Often, an insurance company can delay a claim indefinitely by making unreasonable requests for information. Sometimes they request this information repeatedly hoping a claimant will give up seeking compensation. In other instances, the insurance company may attempt to delay payments or issue underpayments to line its own pockets.

How to Prove Demands Are Reasonable

It’s important to realize some demands for proof are perfectly reasonable. For example, an insurance adjuster might want to come out to view damage to a vehicle before evaluating a claim and issuing a check for losses. In other cases, an investigator might want to see if comparative negligence played a role in a claim by requesting police reports, fire department reports, and more. On the other hand, some demands for proof are completely unreasonable and exist solely to delay a claim, like the examples outlined above.

Without technical knowledge of insurance law, it can be difficult to know if a demand for evidence is reasonable or not. Keep an eye out for common red flags:

  • Repeated requests for the same information.
  • Rejected documentation for idiosyncratic reasons without a sound basis.
  • Excuses from a claims adjuster that sound phony or made up.

People who are victims of bad faith often have a gut sense something is wrong. Their suspicions are usually correct. Insurance companies have a duty to serve a client’s best interests and assure a timely payout of a claim. If you suspect an insurance company is misleading you or requesting needless information, contact the San Diego attorneys at Dawson & Rosenthal, P.C. as soon as possible. We have more than 50 years of experience in insurance bad faith law and know the common tactics insurance companies use to delay or deny payments. Let us hold insurers accountable for their actions and dealings in bad faith.

At Dawson & Rosenthal, P.C. bad faith insurance law is our sole focus. This allows us to pursue cases with a tenacity that gives us a nationally recognized reputation for excellence. Insurers who exercise bad faith dealings can be responsible for any damages their policyholders incur. Contact our office today to schedule a free initial consultation.