Extract the dates of a claim delay against the prompt-settlement provisions
Key facts
- Human involvement
- GreenLawyer review
- How AI is used
- From the claim file, record the date of the first communication, the date proof of loss was completed, the date coverage was affirmed or denied, and the date of any settlement offer. Do not calculate interest and do not decide that a practice is unfair. State law governs, and the lawyer confirms the governing state. For example, California.
- What the lawyer must review
- California Insurance Code § 790.03(h) defines as unfair claims settlement practices, when knowingly committed or performed with such frequency as to indicate a general business practice, failing to acknowledge and act reasonably promptly on claims communications, failing to affirm or deny coverage within a reasonable time after proof of loss requirements have been completed and submitted, and not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear. The opened paragraphs state no interest rate and no day count, except paragraph (h)(16) on a 60-day AIDS-benefit delay, which is a narrower case. 15 U.S.C. § 1012 leaves claims-handling rules of this kind to state insurance law unless a federal statute specifically relates to the business of insurance. You decide whether the frequency language is met. Do not invent a statutory interest figure. State law governs, and the lawyer confirms the governing state. For example, California.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.