INSURANCE BAD FAITH DEMAND LETTER – WEST VIRGINIA

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 violates West Virginia's Unfair Trade Practices Act.

2. FACTUAL BACKGROUND

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

3. LEGAL BASIS – WEST VIRGINIA BAD FAITH

Unfair Trade Practices Act (W. Va. Code § 33-11-4)

West Virginia provides a private right of action for unfair claims practices.

Common Law Bad Faith

West Virginia also recognizes common law bad faith. Hayseeds, Inc. v. State Farm Fire & Cas., 352 S.E.2d 73 (W. Va. 1986).

4. DAMAGES

• Policy benefits: [$AMOUNT]
• Consequential damages
• Punitive damages
• Attorney's fees and costs

5. DEADLINE

Payment due by: [DATE – 30 days]

Signed:
[Name / Attorney]
[Contact Information]