Your insurance policy is a contract. It is a first party contract between you and your insurance company. Unlike a typical 3rd party claim as in an auto accident claim where your insurance company must file a law suit against another insurance company (i.e. the defendant that hit you), a first party claim places you in direct privity with the insurer. Your insurer has a fiduciary duty to make you whole, and pay for your losses.

There are several state statutes that protect the insured in cases where the insurer does not settle a claim promptly and pay the full settlement value per contract. Violation of these conditions, or delays places the insurer in a position of breach which if properly captured by experienced Attorneys, can result in forcing the insurer to pay the claim.