INSURANCE BAD FAITH DEMAND LETTER – NEW YORK

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]
Claim Type: [First-Party / UM-UIM / Property]

1. INTRODUCTION

This letter demands immediate payment of all benefits owed under the above-referenced policy.

2. FACTUAL BACKGROUND

• Date of Loss: [DATE] — [describe loss]
• Coverage: [$LIMITS]
• Status: [Unpaid / Underpaid / Denied]

3. LEGAL BASIS – NEW YORK REMEDIES

Breach of Contract

Insurer has breached the insurance contract by failing to pay covered benefits.

Consequential Damages

Under New York law, consequential damages are recoverable if they were foreseeable and within the contemplation of the parties at the time of contracting. Bi-Economy Market, Inc. v. Harleysville Ins. Co., 10 N.Y.3d 187 (2008).

Note: New York does not recognize an independent tort of first-party bad faith. N.Y. Ins. Law § 2601 does not provide a private right of action.

4. DAMAGES

• Policy benefits: [$AMOUNT]
• Consequential damages (foreseeable losses)
• Interest and costs

5. DEADLINE

Payment due by: [DATE – 30 days]

Signed:
[Name / Attorney]
[Contact Information]