Insurance Company Delay Tactics NC | Charlotte Bad Faith Attorney

§ 58-63-15(11)(b) — Failing to Acknowledge Communications Promptly

Insurers must acknowledge and act reasonably promptly upon communications about claims. When your adjuster stops returning calls, ignores emails, or takes weeks to respond to correspondence, this statutory provision is implicated.

§ 58-63-15(11)(c) — Failing to Adopt Reasonable Investigation Standards

Insurers must adopt and implement reasonable standards for prompt investigation of claims. When an investigation drags on for months without progress, the insurer may be violating this provision.

§ 58-63-15(11)(e) — Failing to Affirm or Deny Coverage in Reasonable Time

After proof-of-loss statements are completed, the insurer must affirm or deny coverage within a reasonable time. Leaving a claim in limbo — neither approving nor denying it — is a recognized delay tactic and a statutory violation.

§ 58-63-15(11)(l) — Requiring Duplicative Submissions to Delay

It is an unfair practice to delay investigation or payment by requiring the claimant to submit documentation that is duplicative of or was previously submitted. When your adjuster requests the same medical records, the same police report, or the same wage verification a second or third time, this provision is directly implicated.

🚩 The Vanishing Adjuster

Your claim is reassigned from one adjuster to another, each requiring time to “get up to speed.” Or your adjuster simply stops returning calls and emails. Each reassignment resets the clock and creates additional delay.

🚩 Endless Document Requests

The insurer requests documents one at a time rather than all at once, then claims they need additional documents each time you submit what was requested. This serial approach to documentation is designed to extend the claims process indefinitely.

🚩 Requesting Duplicate Documentation

The insurer requests documentation you have already provided — the same medical records, the same wage statements, the same police report. Under § 58-63-15(11)(l), this is specifically identified as an unfair practice.

🚩 “Pending Investigation” Without Progress

The insurer says your claim is “still under investigation” for months, but there is no evidence of any actual investigation occurring. Under § 58-63-15(11)(c), the insurer must adopt reasonable standards for prompt investigation.

🚩 Unnecessary Medical Reviews

The insurer orders multiple independent medical examinations (IMEs) or peer reviews, each requiring weeks of scheduling and reporting, even when your treating physician’s records clearly establish your injuries and treatment needs.

🚩 Waiting Until the Statute of Limitations Approaches

Some insurers deliberately delay until the statute of limitations is about to expire, then make a take-it-or-leave-it offer knowing you have little time to file a lawsuit. This is one of the most egregious delay tactics and strongly supports a bad faith claim.

NC law does not specify an exact number of days for settlement. However, N.C.G.S. § 58-63-15(11) requires insurers to acknowledge communications promptly, adopt reasonable investigation standards, affirm or deny coverage within a reasonable time, and not delay investigation through duplicative submissions. What constitutes ‘reasonable’ depends on the complexity of the claim, but months of inactivity is generally unreasonable.

Not automatically. Some claims are legitimately complex and require extended investigation. Delay becomes bad faith when it is unreasonable under the circumstances — the insurer is not actively investigating, is requesting duplicate documents, has stopped communicating, or is deliberately stalling to pressure you into accepting a lowball offer.

Multiple provisions of N.C.G.S. § 58-63-15(11) address delays: subsection (b) requires prompt acknowledgment of communications, (c) requires reasonable investigation standards, (e) requires timely coverage decisions, and (l) prohibits requiring duplicative submissions to delay investigation. Violations support treble-damages claims under N.C.G.S. § 75-1.1.

Yes. If the insurer’s delay tactics violate the Unfair and Deceptive Trade Practices Act, you can pursue treble damages (3× actual damages) under N.C.G.S. § 75-16 plus attorney’s fees under § 75-16.1. The consequential damages caused by the delay — credit damage, inability to afford treatment, extended lost wages — become part of the actual damages that are trebled.

Document every attempted contact with dates and times. Send written communications (email or certified mail) so there is a record. If the adjuster remains unresponsive, contact their supervisor in writing. File a complaint with the NC Department of Insurance. Contact a bad faith attorney — attorney involvement typically ends the communication blackout immediately.

No. Under N.C.G.S. § 58-63-15(11)(l), it is an unfair claim settlement practice to delay investigation or payment by requiring documents that are duplicative or were previously submitted. If this happens, submit the documents again but include a note documenting this is a repeat request — this creates evidence for a bad faith claim.

Delays compound your damages in multiple ways: unpaid medical bills go to collections damaging your credit, you cannot afford continued treatment so your injuries worsen, extended time without income creates financial hardship, and emotional distress from uncertainty affects your mental health. All these consequential damages are recoverable in a bad faith claim and are subject to trebling.

Contact the Consumer Services Division at (855) 408-1212 or file online. The DOI will investigate the complaint and may require the insurer to respond. While the DOI cannot award damages, their investigation creates an official record and often pressures the insurer to act. See our detailed guide on filing a complaint.

Yes. You do not need to wait for a final denial to file a bad faith lawsuit. If the insurer’s delay itself constitutes bad faith — unreasonable investigation timeline, failure to communicate, duplicative document requests — you can pursue the bad faith action even while the underlying claim remains unresolved.

Frequent adjuster reassignment is a common delay tactic. Each new adjuster needs time to review the file, creating additional delay. It also breaks the continuity of any promises or commitments made by the previous adjuster. Document each reassignment and any commitments made by each adjuster.

Yes, in most cases. When a bad faith attorney becomes involved, the insurer knows that continued delay creates treble-damages exposure under N.C.G.S. § 75-16. This changes their cost-benefit calculation — the savings from delay become outweighed by the risk of paying triple damages. Our involvement typically accelerates claim resolution significantly.

Our firm handles all delay-related bad faith cases on a contingency fee basis. You pay nothing upfront and owe no fees unless we recover compensation. NC law (§ 75-16.1) also allows courts to award attorney’s fees in UDTPA cases. Call (980) 239-2275 for a free consultation.