Resources for Consumers
The Office of the Insurance Commissioner maintains a website with a wealth of information for policyholders, including information about how to assert a claim under the Insurance Fair Conduct Act (IFCA).
A word of warning to consumers. You may not assert an IFCA claim in a lawsuit that you start unless you comply with the statute’s requirement of giving the insurance company 20 days’ written notice. The steps for providing such notice are outlined on the Insurance Commissioner’s website. You may also find the following checklist useful.
- Consult the Insurance Commissioner’s website for guidance.
- The notice must be written.
- The notice must state the basis for the cause of action.
- The notice must be sent to the insurance company and the Office of the Insurance Commissioner.
- The notice must be sent by regular mail, registered mail, or certified mail with return receipt requested.
- Proof of notice by mail may be made in the same manner as prescribed by court rule or statute for proof of service by mail.
- The insurance company and the Insurance Commissioner are deemed to have received notice three days after the notice is mailed.
- A claimant can only bring an IFCA claim in court if the insurance company fails to resolve the basis of the action within the 20-day period after written notice. Recall, however, that the insurer is not deemed to have received the notice until three days after mailing. In other words, a claimant has to wait at least 23 days.