How much and what type of information can my insurance company demand of me?
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How much and what type of information can my insurance company demand of me?
Im going thru a auto insurance claim my car
was vandalized and set on fire. Im 1 month
into my claim its being investigated currently I
have co-operated with the insurance
investigator gave her all the information she
needed phone records, and conferenced called
my bank to check the status of my loan.
Everything checked out but now she wants my
credit report I dont see what or how that is
relevant so Im trying to see if that is a act of
bad faith in part of my insurance company and
if I should release such sensitive information
like that to her bc she needs to see the facts
Asked on May 17, 2018 under Insurance Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you do not cooperate, they will refuse to pay your claim. You can sue them for breach of contract (an insurance policy is a contract, after all), for not paying a claim when under the terms of the policy and facts of the situation require it. However, in that lawsuit, if they can show some relevance to the information they requested, they will be able to get it anyway--and if it provides a basis to dishonor the claim, it will help them establish a defense to the breach of contract claim and possibly continue to avoid paying you. You should therefore provide it, since otherwise you will have to provide it later if you pursue this matter, anyway.
The possible relevance: cars are sometimes set on fire by, or at the direction of, their owners, when the owners are in financial difficulty and need the insurance money. Your credit report can shed light on all your outstanding debts; that can be relevant to establishing if you are in financial distress and therefore your motive, if it appears that you may have been involved in the fire.
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