What types of claims can be made under insurance litigation law?
Insurance litigation law is a form of law that deals with disputes between an insurance company and its insured. In New York, the state laws that govern insurance litigation can be found in the Insurance Law section of the New York State Statutes. Under insurance litigation law, a variety of claims can be made. One type of claim made under insurance litigation law is for bad faith claims. This occurs when an insurance company fails to fulfill its duties in good faith, such as unfairly denying or delaying a claim or refusing to pay a claim that is due. Another type of claim is for breach of contract. This occurs when the insurance company violates the policy terms, such as failing to pay a claim within the time frame stipulated in the policy. Third, one may bring a claim for negligent performance. This is when the insurance company fails to fulfill its responsibilities as outlined in the policy. For example, if the company fails to investigate a claim or provide the necessary resources needed to investigate a claim in a timely manner. Lastly, claims for the failure to provide a fair and reasonable settlement may be made. This is when an insurance company fails to provide a reasonable settlement to the insured. The amount of the settlement is based on the circumstances of the claim and should be fair to both the insured and the insurance company. In summary, insurance litigation law in New York allows for many types of claims to be made between an insurance company and its insured. These claims typically involve the insurance company either failing to fulfill its duties in good faith or violating the terms of the policy. Additionally, claims may be made for the failure to provide a fair and reasonable settlement to the insured.
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