INSURANCE BAD FAITH DEMAND LETTER – PENNSYLVANIA
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. Insurer's conduct constitutes bad faith under 42 Pa. C.S. § 8371.
2. FACTUAL BACKGROUND
- Date of Loss: [DATE] — [describe loss]
- Coverage: [$LIMITS]
- Status: [Unpaid / Underpaid / Denied]
3. LEGAL BASIS – PENNSYLVANIA BAD FAITH (42 Pa. C.S. § 8371)
Statutory Bad Faith
Pennsylvania provides robust statutory remedies for bad faith. Under 42 Pa. C.S. § 8371, if an insurer acts in bad faith, the court may award:
- Interest on the amount of the claim at prime rate + 3%;
- Punitive damages;
- Court costs and attorney's fees.
Bad Faith Standard
Bad faith requires proof that the insurer (1) lacked a reasonable basis for denying benefits and (2) knew or recklessly disregarded that lack of basis.
4. DAMAGES
- Policy benefits: [$AMOUNT]
- Interest at prime + 3%
- Punitive damages
- Attorney's fees and court costs
5. DEADLINE
Payment due by: [DATE – 30 days]
Signed:
[Name / Attorney]
[Contact Information]