Detailed Answer
Know the basic legal framework in Kansas
Kansas law prohibits unfair claim settlement practices by insurers. The statute that lists prohibited conduct is part of the Kansas Insurance Code (see K.S.A. 40-2404). If an insurer delays, ignores, or threatens to close your claim without a reasonable explanation, those actions can be the basis for a consumer complaint to the Kansas Insurance Department.
Text of the statute on unfair claim settlement practices (K.S.A. 40-2404): https://www.ksrevisor.org/statutes/chap40/040_024_0004.html
Immediate steps to protect your claim
- Document everything. Keep a clear record of dates, times, names of company representatives, notes of phone conversations, and copies of emails, letters, photos, estimates, and invoices.
- Ask for written status and deadlines. Request, in writing, the insurer’s explanation of the current status of your file and any deadline it is relying on to close or deny the claim.
- Send a short written demand for an update. Use certified mail (return receipt requested) or email with a read receipt, and state that you expect a written response within a specific time (for example, 10–14 days). This creates a paper trail.
- Preserve evidence. Keep original documents and back up digital files. If property damage is involved, preserve damaged property if possible until it is inspected.
- Comply with reasonable requests. Provide requested documentation promptly when it’s legitimately necessary for the insurer to investigate your claim.
What to do if the insurer threatens to close the claim
If an insurer threatens closure without resolving key issues, take the following actions:
- Request the insurer put the threat in writing and explain the reason for closure (e.g., lack of information, missed deadlines, suspected fraud, or treatment completed).
- If the insurer says you failed to provide information, give that information promptly and keep proof of delivery.
- If the insurer bases closure on an investigation you disagree with, ask for a written explanation of the investigation results and the evidence relied on.
- File a timely objection with the insurer in writing, stating why you believe the claim should remain open or why the denial/closure is incorrect.
When the insurer refuses to update you or is unresponsive
If repeated requests for updates produce no meaningful response, consider these next steps:
- Escalate within the company. Ask to speak to a claims supervisor, a manager, or the insurer’s internal consumer advocate (if one exists).
- Make a formal written complaint to the insurer. Follow the insurer’s complaint procedure and keep a copy.
- File a complaint with the Kansas Insurance Department (KID). The KID handles consumer complaints about insurers and can investigate unfair settlement practices or improper claim handling. See the KID consumer complaint page: https://insurance.kansas.gov/consumer/consumer-complaints/
- Consider the Kansas Attorney General. For broader consumer-protection concerns or patterns of misconduct, you may also contact the Kansas Attorney General’s Consumer Protection Division: https://ag.ks.gov/consumer-protection/file-a-complaint
When to consider hiring an attorney
Consider speaking with an attorney if any of the following apply:
- The claim involves a large loss or serious injuries.
- The insurer denies coverage and you believe the denial is wrong.
- The insurer’s conduct appears to be unfair, bad faith, or in violation of Kansas law.
- The insurer will not provide a reasonable settlement and legal negotiation is necessary.
An attorney can explain legal options, preserve rights, and, if needed, pursue court action or negotiate a resolution. If you try an attorney, look for one with experience in insurance claims or consumer insurance litigation.
How to file a complaint with Kansas regulators
To file a complaint with the Kansas Insurance Department:
- Gather your documentation: policy, claim number, correspondence, and timeline.
- Follow the KID’s complaint instructions and submit the complaint online or by mail. KID will open a file and may contact the insurer on your behalf.
- Keep following up and provide additional information if KID requests it.
KID consumer complaint information: https://insurance.kansas.gov/consumer/consumer-complaints/
Practical sample language you can use
Below is a short sample you can adapt when sending a written request for a status update:
“Re: Claim No. [insert number]. Please provide a written statement of the current status of my claim and the specific information you require to complete your investigation. If you intend to close this claim, please explain the reason in writing and provide the date of the proposed closure. Please respond by [date — suggested: 10–14 days from receipt].”
Helpful Hints
- Always get important communications in writing or follow up phone calls with an email summarizing the conversation.
- Send time-sensitive documents by certified mail (return receipt) so you can prove delivery.
- If the insurer requests documents you don’t have, respond explaining any reasonable delay and a date by which you will supply the item.
- Keep a running timeline (one page) that lists each contact, the representative’s name, and the substance of the discussion.
- Use state resources early: the Kansas Insurance Department can mediate many disputes without a lawyer.
- Small-dollar disputes sometimes fit small-claims court or informal appraisal processes — check local limits and procedures.