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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry for your trouble over this issue.
The insurance company certainly should not be discriminating against you/your claim because of such a perception. Hopefully, there is a legitimate issue that is causing the delay.
It is possible to file a bad faith claim IF/WHEN the claim is denied, but until then you're really in a precarious situation.
The best course of action would likely be to hire an attorney to make contact with the insurance company in order to push things along. Also, your attorney can determine the issues that may be delaying the claim. Finally, if the claim is ultimately denied, then you would have an attorney familiar with the situation who could proceed with a bad faith claim against the insurance company.
I was thinking we would have to hire an attorney. The claim hasn't been completely denied, it's more so in limbo I would say. Not completed, we're just waiting and waiting so the bad faith claim wouldn't apply.
Thanks so much for your prompt response and for clarifying the situation for me.
It is not bad faith UNTIL the claim is denied. Until then, you're in limbo like you said. But, an attorney writing a letter stating that you believe that the claim isn't being handled properly, etc. should help you get some result.