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Timely Payment of Claims June 5, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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There are a ton of laws.  That may be the biggest understatement I’ve ever written.

I mention this because it’s a reason to hire an attorney.  How many people have heard of the “Timely Payment of Claims” Statute.  It’s Section 628.46 of Wisconsin’s Statutes.  It applies to first party insurance payments and also third party insurance payments.  So, if you are injured by someone without insurance and you file an uninsured motorist claim this statute applies.   Because of the “recent” Kontowicz case it applies to claims against an at fault insurance company also.

Attorneys for injured people can push insurance companies to review and make offers to settle cases within 30 days of receiving all of the documents related to an injury.  If the insurance company drags its feet it may be subject to 12% interest.  Or, if the insurance company agrees to that a portion of an injury is definitely related to an accident that insurance company, under the statute, should pay the undisputed amount asap.

For your information the statutes says:

(1) Unless otherwise provided by law, an insurer shall promptly pay every insurance claim. A claim shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the loss. If such written notice is not furnished to the insurer as to the entire claim, any partial amount supported by written notice is overdue if not paid within 30 days after such written notice is furnished to the insurer. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within 30 days after written notice is furnished to the insurer. Any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer… All overdue payments shall bear simple interest at the rate of 12% per year.


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