This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
All complaints are filed by the First Filing Unit, 1339 Chestnut Street, Philadelphia, PA 19107. Mail your complaint to this address. Include a self-address stamped envelope with your filing, to receive your filed complaint, pertinent forms and hearing information.
Report a problem Call 311 if you're in Philadelphia. Call (215) 686-8686 if you're outside of Philadelphia.
Before you can sue the government or a public agency, you must first file a claim for damages with them. You can file a claim if you feel the agency is responsible for causing you injury, damage or loss.
To file a claim against the City for bodily injury, auto, and property damage, you must complete the General Claim Form. To file a claim against the Philadelphia Water Department (PWD) for only property damage, you must complete the PWD Claim Form.
In order to successfully bring a negligence claim against the city of Philadelphia, you must put the city on proper written notice of your claim within six months of the date of loss. Further, you must either settle your claim or file a legal action within the two-year statute of limitations.
Insurance companies don't have forever to make a subrogation claim. While the statutory limitations period can vary depending on the type of subrogation claim made—and in which jurisdiction it is made—the standard statute of limitations ranges from one to six years.
One example of subrogation is when an insured driver's car is totaled through the fault of another driver. The insurance carrier reimburses the covered driver under the terms of the policy and then pursues legal action against the driver at fault.
The Anti-Subrogation Rule (“ASR”) is a common law defense to subrogation. It states that a subrogated insurance company standing in the shoes of its insured cannot bring a subrogation action against or sue its own insured.
When factoring comparative negligence and improper referrals, the recovery rate should be somewhere in the range of 85-90%. This requires adjusters properly identifying subrogation, assessing comparative negligence and pursuing only what they are entitled to.
Subrogation allows your insurer to recoup costs (medical payments, repairs, etc.), including your deductible, from the at-fault driver's insurance company, if the accident wasn't your fault. A successful subrogation means a refund for you and your insurer.