An auto insurer waits four months without responding to repeated written inquiries from an insured about coverage on a covered collision claim. Under §790.03(h)(5), this constitutes:

a.Failure to act reasonably promptly upon communications regarding a claim
b.Lawful pacing of the investigation
c.A defense against bad-faith litigation, because the insurer has six months under §790.03 to finish its coverage investigation before any response is due
d.Reasonable conduct, because the Fair Claims Settlement Practices Regulations require only an acknowledgment within 60 days of notice of the claim

Explanation

Section 790.03(h)(5) defines as an unfair claims practice 'not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear' and the related duty under (h)(2)/(3) to acknowledge and act reasonably promptly on communications. Months of silence without justification violate the statute. The Fair Claims Settlement Practices Regulations (10 CCR §2695.5(e)) require acknowledgment within 15 calendar days, and no statute gives an insurer a six-month investigation window.

Law Reference: Cal. Ins. Code §790.03(h)(5)

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