INSURANCE BAD FAITH DEMAND LETTER – ALASKA
To: [Insurance Company Name, Claims Department Address]
From: [Insured/Claimant Name, via Counsel if applicable]
Date: [DATE]
Claim Number: [CLAIM NUMBER]
Policy Number: [POLICY NUMBER]
Insured: [INSURED NAME]
Date of Loss: [DATE OF LOSS]
Type of Coverage: [e.g., Homeowner's, Auto, Commercial Property]
1. INTRODUCTION AND PURPOSE
This letter constitutes a formal demand to [INSURANCE COMPANY] ("Insurer") to immediately pay all benefits owed under the above-referenced policy. Insurer's handling of this claim violates the implied covenant of good faith and fair dealing and Alaska's Unfair Trade Practices Act.
2. FACTUAL BACKGROUND
- Date of Loss: On or about [DATE], [INSURED] suffered [describe loss].
- Timely Notice: Insurer was notified on [DATE].
- Cooperation: Insured has fully cooperated with all reasonable requests.
- Coverage: The loss is covered under the Policy with limits of [$LIMITS].
3. CLAIM HISTORY AND INSURER'S CONDUCT
- [DATE]: Claim submitted.
- [DATE]: [Describe insurer's unreasonable conduct]
- To date, Insurer has [failed to pay / underpaid / wrongfully denied] the claim.
4. LEGAL BASIS – ALASKA BAD FAITH
Under Alaska law, every insurance contract contains an implied covenant of good faith and fair dealing. An insurer breaches this covenant when it fails to give equal consideration to the insured's interests. State Farm Fire & Cas. Co. v. Nicholson, 777 P.2d 1152 (Alaska 1989).
Additionally, Alaska's Unfair Trade Practices Act (AS § 21.36.125) prohibits unfair claim settlement practices, including:
- Misrepresenting pertinent facts or policy provisions;
- Failing to acknowledge and act promptly upon claims;
- Denying claims without conducting reasonable investigation;
- Failing to provide a reasonable explanation for denial.
5. DAMAGES
Insured demands payment of:
- Policy benefits owed: [$AMOUNT]
- Consequential damages: [$AMOUNT]
- Total Demand: [$TOTAL]
If litigation becomes necessary, Insured will also seek:
- Punitive damages for egregious conduct;
- Reasonable attorney's fees under AS § 21.36.125;
- Pre- and post-judgment interest;
- Costs of suit.
6. DEMAND AND DEADLINE
Response Deadline: [DATE – 30 days]
Failure to pay will result in litigation for breach of contract, bad faith, and violations of the Unfair Trade Practices Act.
7. PRESERVATION NOTICE
Preserve all documents and communications related to this claim.
8. ATTACHMENTS
- Exhibit A: Policy declarations
- Exhibit B: Proof of loss documentation
- Exhibit C: Claim correspondence
Signed:
[Name]
[Title / Attorney]
[Contact Information]