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Insurance Claims
Increasingly, individuals are experiencing problems when it comes to having legitimate claims honored by insurance companies. Examples include the following:
A. non–payment of medical bills that should be covered by your health insurance policy;
B. non–payment of long term disability benefits that should be covered by your disability insurance policy;
C. non–payment of costs to fix a home that has been damaged in a fire or by water or wind and that should be covered by your homeowner’s insurance policy;
D. non–payment of the proceeds of a life insurance policy;
E. non–payment of the cost of nursing home care that should be covered by the terms of a long term care insurance policy;
F. non–payment of uninsured or underinsured motorist’s benefits that should be covered by your auto policy.
An insurance policy is a contract governed by the same rules of law that govern contracts, in general. One such rule of law is that each party to the contract has a duty of good faith and fair dealing. That requirement of good faith and fair dealing applies to the insurance company.
In addition to that, Connecticut has special rules that govern the form and content of insurance contracts, and, as well, the manner in which a claim must be adjusted by the insurance company. Part of the statutory framework includes the Connecticut Unfair Insurance Practices Act, commonly referred to as “CUIPA.” CUIPA contains a specific enumeration of prohibited conduct and practices, including unfair settlement practices. Multiple violations of CUIPA by the same insurance company may be the foundation for a separate claim against the insurance company based upon violation of the Connecticut Unfair Trade Practices Act.
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