Title 33, Chapter 6, Section 34
( 33-6-34)
Any of the following acts of an insurer when committed as provided in Code Section 33-6-33 shall constitute an unfair claims settlement practice: (1) Knowingly misrepresenting to claimants and insureds relevant
facts or policy provisions relating to coverages at issue; (2) Failing to acknowledge with reasonable promptness pertinent
communications with respect to claims arising under its policies; (3) Failing to adopt and implement procedures for the prompt
investigation and settlement of claims arising under its policies; (4) Not attempting in good faith to effectuate prompt, fair, and
equitable settlement of claims submitted in which liability has
become reasonably clear; (5) Compelling insureds or beneficiaries to institute suits to
recover amounts due under its policies by offering substantially
less than the amounts ultimately recovered in suits brought by
them; (6) Refusing to pay claims without conducting a reasonable
investigation; (7) When requested by the insured in writing, failing to affirm or
deny coverage of claims within a reasonable time after having
completed its investigation related to such claim or claims; (8) When requested by the insured in writing, making claims
payments to an insured or beneficiary without indicating the
coverage under which each payment is being made; (9) Unreasonably delaying the investigation or payment of claims
by requiring both a formal proof of loss and subsequent
verification that would result in duplication of information and
verification appearing in the formal proof of loss form; provided,
however, this paragraph shall not preclude an insurer from
obtaining sworn statements if permitted under the policy; (10) When requested by the insured in writing, failing in the case
of claims denial or offers of compromise settlement to provide
promptly a reasonable and accurate explanation of the basis for
such actions. In the case of claims denials, such denials shall
be in writing; (11) Failing to provide forms necessary to file claims within 15
calendar days of a request with reasonable explanations regarding
their use; (12) Failing to adopt and implement reasonable standards to assure
that the repairs of a repairer owned by the insurer are performed
in a workmanlike manner; (13) Indicating to a first-party claimant on a payment, draft
check, or accompanying letter that said payment is final or a
release of any claim unless the policy limit has been paid or
there has been a compromise settlement agreed to by the
first-party claimant and the insurer as to coverage and amount
payable under the contract; and (14) Issuing checks or drafts in partial settlement of a loss or
claim under a specific coverage which contain language which
releases the insurer or its insured from its total liability. |