What to Do When Your Insurance Company Refuses to Update You or Threatens to Close Your Claim — West Virginia

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do when your insurer stops communicating or threatens to close your claim

Detailed Answer

When an insurance company stops providing updates or threatens to close a claim, you should act quickly and methodically to protect your rights and preserve evidence. The guidance below explains practical steps you can take under West Virginia law, how to document the problem, and where to seek help.

1. Stay calm and collect documentation

  • Gather your policy, claim number, all letters, emails, texts, and notes from phone calls (include date, time, name and role of the person you spoke with, and a brief summary of the conversation).
  • Keep receipts, estimates, repair invoices, photos and videos showing damage or loss.
  • Save any written notices from the insurer that mention claim closure, deadlines, or additional information requests.

2. Send a written request for status and copies of your claim file

Use certified mail or another trackable method and request delivery confirmation. In the letter, include:

  • Policy number and claim number.
  • Specific questions about why the insurer has not provided an update and whether it intends to deny or close the claim.
  • A request for a copy of any internal notes, estimates, or reports concerning your claim.
  • A clear deadline for reply (for example, 10–14 days).

3. Follow up by phone and document the call

If you call, take careful notes and immediately follow up the call with a short email summarizing what you were told and asking the insurer to confirm or correct that summary in writing.

4. Know who to contact at the insurer and escalate if needed

  • Ask for the adjuster’s supervisor or the insurer’s claims manager.
  • Use the insurer’s formal claim appeals or dispute process if one exists.

5. Use the West Virginia Insurance Commission for help

If your insurer will not communicate or is acting unfairly, you may submit a consumer complaint to the West Virginia Offices of the Insurance Commissioner. The Insurance Commissioner can investigate complaint handling practices and may intervene with the insurer on your behalf. See West Virginia insurance laws in Chapter 33 of the West Virginia Code for the state framework governing insurers: https://code.wvlegislature.gov/33/. For information about filing complaints and consumer resources, visit the West Virginia Offices of the Insurance Commissioner at https://www.wvinsurance.gov/.

6. Consider a written demand or hiring an attorney

If the claim is significant and the insurer still refuses to update or threatens closure without a clear, lawful reason, you can send a written demand for payment or retain an attorney who handles insurance claim disputes and bad-faith practices in West Virginia. An attorney can advise whether the insurer’s behavior violates state standards, can draft a demand letter, and can pursue litigation if necessary.

7. Understand potential legal remedies (overview)

Potential remedies include administrative complaints to the Insurance Commissioner, pursuing the contract claim itself (payment under the policy), and in some cases pursuing additional damages where state law and case law allow claims for bad-faith handling by the insurer. The applicable statutes governing insurance conduct are found in West Virginia Code Chapter 33: Chapter 33 — Insurance.

8. Time-sensitive steps

Insurance claims often have time limits for reporting and for taking legal action. Act promptly to preserve evidence and avoid missing any deadlines. If you are unsure about relevant time limits, consult an attorney promptly.

9. Sample short status-demand (what to say/write)

Use concise language. Example structure:

  1. Identify yourself, the policy number and claim number.
  2. State the last substantive contact and summarize what remains unresolved.
  3. Request a written status update and statement of the insurer’s intended next steps by a clear date (e.g., within 10 business days).
  4. State that you will file a complaint with the West Virginia Insurance Commissioner and consider legal action if no satisfactory response is provided.

10. If you receive a claim-closure notice

  • Read the notice carefully to determine whether it is a final denial, a notice of intent to close for inactivity, or a request for more information.
  • If the insurer is closing for lack of response, immediately submit the requested information and send a follow-up letter explaining any delay and confirming the insurer’s receipt.
  • Preserve proof you provided the requested information (emails, delivery receipts, etc.).

When to get a lawyer

Talk with an attorney if:

  • The claim value is large relative to your financial situation.
  • The insurer refuses to provide basic information or refuses to pay without a reasonable explanation.
  • Your claim is denied and you believe the denial is wrongful or made in bad faith.

Where to find help: Start with the West Virginia Offices of the Insurance Commissioner for consumer assistance and complaint filing: https://www.wvinsurance.gov/. If you need a lawyer, look for attorneys who handle first-party insurance claims and policy disputes in West Virginia.

Disclaimer: This information is educational and general in nature and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed West Virginia attorney.

Helpful Hints

  • Keep a single, organized folder (physical or digital) for all claim documents and communications.
  • Always follow up verbal conversations with a short written summary to create a record.
  • Set calendar reminders for deadlines and follow-up dates.
  • Send important letters by certified mail or another service that provides delivery confirmation.
  • Ask insurers for estimated timelines in writing and hold them to those timelines when possible.
  • If an insurer claims it cannot find information, request the specific names/titles of people who handled the file and confirmation of internal file searches.
  • Use the West Virginia Insurance Commission as an early resource — they can guide you on complaint processes and insurer obligations under state law: West Virginia Code, Chapter 33 and WV Offices of the Insurance Commissioner.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.