Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.
“A delayed or denied claim is not automatically bad faith—but patterns in how the claim was handled can matter.”
This is a particularly jurisdiction-sensitive category. The site should therefore avoid presenting a generic “bad faith test” as universal law.
25 Buyer-Beware Warnings
- ☐ Don’t assume every denial is bad faith.
- ☐ Don’t assume every delay is bad faith.
- ☐ Identify the governing state law.
- ☐ Preserve the entire claim file.
- ☐ Preserve insurer communications.
- ☐ Request written explanations.
- ☐ Document claim inspections.
- ☐ Document adjuster statements.
- ☐ Preserve estimates.
- ☐ Preserve expert reports.
- ☐ Track requests for information.
- ☐ Track your responses.
- ☐ Track unexplained delays.
- ☐ Identify inconsistent explanations.
- ☐ Identify policy provisions relied upon.
- ☐ Compare conduct against applicable law.
- ☐ Don’t exaggerate facts.
- ☐ Don’t destroy evidence.
- ☐ Don’t sign broad releases casually.
- ☐ Check complaint procedures.
- ☐ Check applicable limitation periods.
- ☐ Verify attorney experience.
- ☐ Understand contingency-fee terms.
- ☐ Calculate potential recovery.
- ☐ Have jurisdiction-specific counsel evaluate the facts.
Premium Checklist
Evidence Timeline
Loss → Notice → Investigation → Requests → Responses → Decision → Appeal → Current Status
Conduct Review
☐ Delay documented.
☐ Communications preserved.
☐ Coverage explanation preserved.
☐ Investigation steps documented.
☐ Contradictions identified.
Economic Review
☐ Claim value.
☐ Unpaid amount.
☐ Additional damages.
☐ Attorney costs.
☐ Litigation risk.