INSURANCE BAD FAITH DEMAND LETTER – LOUISIANA
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]
1. INTRODUCTION
This letter demands immediate payment. Insurer's failure to pay triggers statutory penalties under Louisiana law.
2. FACTUAL BACKGROUND
- Date of Loss: [DATE] — [describe loss]
- Proof of Loss Submitted: [DATE]
- Coverage: [$LIMITS]
- Status: [Unpaid / Underpaid / Denied]
3. LEGAL BASIS – LOUISIANA BAD FAITH
La. R.S. 22:1892 (Failure to Pay)
Insurer must pay undisputed amounts within 30 days of satisfactory proof of loss. Failure to do so subjects insurer to:
- 50% penalty on the amount due; plus
- Reasonable attorney's fees.
La. R.S. 22:1973 (Bad Faith)
Insurer commits bad faith by failing to pay claims within 60 days when payment is not reasonably disputed. Penalties include up to 2x the damages sustained.
4. DAMAGES
- Policy benefits: [$AMOUNT]
- 50% penalty (§ 1892): [$PENALTY]
- Additional penalties (§ 1973) if applicable
- Attorney's fees
5. DEADLINE
[DATE – 30 days] (or 30 days from proof of loss, whichever applies)
Signed:
[Name / Attorney]
[Contact Information]