Can I file suit at any time?
No. If you want to sue your insurance company under the Insurance Fair Conduct Act, you must provide written notice of the basis for the cause of action to the insurance company and the Office of the Insurance Commissioner (OIC) 20 days before filing suit. The insurer and insurance commissioner are deemed to have received notice three business days after the notice is mailed.
What should my completed 20-day notice to the OIC look like?
Your written notice to OIC should include a cover sheet and should clearly state the basis for your lawsuit. A cover sheet is not required however, without clear identification of the document(s) as an IFCA notice, it is possible your notice will not be recognized and recorded as such.
NOTE: All information provided to the OIC becomes subject to the Public Records Act. Please do not include any personal or confidential information such as medical records, Social Security numbers, banking information, driver’s license information, etc.
What happens to my 20-day notice once it’s delivered to the OIC?
We date-stamp your notice with the received date. Then, we enter the details of the notice in our tracking log, which gets posted once a week.
How long must I wait before I can file a lawsuit?
You must allow three business days for mailing and an additional 20 days before filing your lawsuit.
How do I send my notice?
Use any of the following options, allowing three business days for delivery:
- Postal mail
- Registered mail
- Certified mail, with return receipt requested
Where do I send my notice?
To the insurer:
If you need the address for your insurer, you can use our company lookup page to find it.
To the Office of the Insurance Commissioner:
Mailing address | Physical address |
|---|---|
Office of the Insurance Commissioner | Office of the Insurance Commissioner |