Whitfield — Chapter 542 exposure on the delay
Whitfield — Bad faith demand · RM-2025-09901There is exposure, and it's on one specific window.
The acknowledgment and the initial investigation are clean — both inside the statutory periods. The problem is between 12 May and 3 July: we requested the sworn proof of loss, received it on 12 May, and did not accept or reject until 3 July. That is 36 business days against a 15-business-day window.
Nothing in the file explains the gap. The notes show a reassignment on 20 May and then nothing until late June.
What that costs: statutory interest plus attorney's fees on the delayed amount. On a $146,000 indemnity payment, at 18% for the period in question, interest alone is roughly $10,600, and their fee claim will be larger than that.
I would not litigate the timeline. I'd get a supervisor's review of the reassignment gap, and treat the interest as owed rather than contested. The defensible position here is that the underlying coverage decision was right — not that the delay didn't happen.
Drive: reading 14 files in Alvarez, R. & M. / Discovery
