You Can’t Refuse to Document a Claim and Cry Bad Faith at the Same Time

A recent decision from the Massachusetts Court of Appeals illustrates a point that plaintiffs get wrong all too often – you can’t refuse to document your claim and cry bad faith when the insurance company does not make a settlement offer.  In Leahy v. Tyler, 2025 Mass. App. Unpub. LEXIS 893 (Dec. 1, 2025), the Court of Appeals affirmed a Superior Court decision finding that the plaintiff had done just that.  After getting rear ended on his motorcycle, the plaintiff had a good claim – the defendant was 100% at fault.  But for some reason, he refused to provide his medical records or an authorization for the insurance adjuster to gather them.  Once the insurer eventually did obtain the medical records, it paid over the policy limits.  The trial court rejected the bad faith claim after a jury-waived trial and the Court of Appeals affirmed.  Lesson:  if you want the insurance company to pay a claim, you have to document it.  That applies not only to personal injury medical records, but to all claims – lost business income, homes destroyed in fires.  You name it.  It’s not bad faith for an insurance company to insist on proof of the loss.