What is the process for appealing an insurance claim denial?
In Indiana, the process for appealing an insurance claim denial is fairly straightforward. First, the claimant must file a complaint with the Indiana Department of Insurance (IDOI) within 60 days of the claim denial. The IDOI will then review the claim to determine if the insurance company acted in accordance with the provisions of the insurance policy. If the IDOI finds that the insurance company was in the wrong, then they will order the insurance company to pay the claim. If the IDOI finds that the insurance company was in the right, then the claimant can appeal the decision by filing a petition for rehearing with the IDOI within 30 days of the decision. The petition must explain why the claimant believes the decision was incorrect and what the claimant would like to see changed. The IDOI will then decide if a rehearing is necessary. If the IDOI decides that a rehearing is necessary, then a hearing will be scheduled with the IDOI Deputy Commissioner. During this hearing, both the claimant and the insurance company will have the opportunity to present evidence and make oral arguments. The Deputy Commissioner will then decide whether or not to reverse the IDOI’s original decision. If the Deputy Commissioner denies the appeal, then the claimant can appeal the decision to the Indiana Court of Appeals. This may be an expensive process since the claimant may need to hire an attorney. However, if the court rules in the claimant’s favor, then the insurance company will be required to honor the claim.
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