t The Statutory Fair Claims Settlement Practices Statute and Regulations
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California\\u2019s Fair Claims Settlement Practices & Regulations
\\n\\nCalifornia Insurance Code Section 790.03 (h)
\\n(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
\\n(h) Knowingly committing or performing with such frequency as to indicate a general business practice any of the following unfair claims settlement practices:
\\n(1) Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverages at issue.
\\n(2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
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(3) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.
\\n(4) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.
\\n(5) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
\\n(6) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.
\\n(7) Attempting to settle a claim by an insured for less than the amount to which a reasonable person would have believed he or she was entitled by reference to written or printed advertising material accompanying or made part of an application.
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