Southern California Bad Faith Insurance AttorneysIf you believe that your insurance company has acted unreasonably in denying your claim for coverage, it is important to understand your rights and options. The lawyers and staff at the Law Offices of Charles S. LiMandri have many years of experience handling bad faith insurance matters and other insurance disputes. The content below is provided to enhance your knowledge about general bad faith insurance matters. Contact our office to schedule a free initial consultation to discuss your specific situation.. Bad Faith Insurance - An OverviewThere is an implied covenant of good faith and fair dealing in every insurance contract that requires an insurance company to act fairly and in good faith when evaluating a claim. When an insured's (the person covered by the insurance policy) claim is wrongfully denied by an insurer (the entity issuing the insurance), it is considered bad faith. Examples of bad faith include the failure to promptly or thoroughly investigate a claim, inadequate claims processing, unreasonable denial of payment, delay in payment, failure to settle an underlying suit against the insured and failure to defend a suit against the insured. All types of insurance policies, including disability, life, homeowner, automobile and accidental death policies require that the insurer act in good faith. If you believe that your insurance company has acted in bad faith in handling your claim, talk to an experienced attorney about your situation. Defining Bad FaithThere are a number of actions and omissions that amount to bad faith on the part of the insurance company. One example of bad faith is an insurer's unreasonable denial of an insurance claim. Another example is an insurer's wrongful failure to defend the insured in a suit by an injured third party. The following article briefly explains first-party and third-party bad faith and sets forth several examples of conduct that courts have held constituted bad faith. If you believe that your insurance company has acted in bad faith in handling your claim, talk to an attorney who has experience handling bad faith claims. Types of Bad Faith Insurance ClaimsA bad faith denial of an insurance claim is a breach of the insurer's duty to exercise good faith and fair dealing, which is implied in every insurance contract. There are a number of ways an insurance company may act in bad faith. For more information about bad faith claims, talk to an experienced lawyer. Defenses to Bad Faith Insurance ClaimsThere are several defenses that an insurance company that is sued for bad faith may raise. Some of the more common defenses are discussed below. In addition to the defenses set forth below, some states have statutes governing bad faith actions that provide for specific defenses. If you have questions about the possible defenses available to the insurance company in your bad faith action, talk to an attorney. Procedure in a Bad Faith Insurance CaseIf your insurance company denies your claim for benefits, you may wonder what your options are. You do not have to accept that initial denial as the final answer. As a first step, you may ask a supervisor at the insurance company to review the claim and denial. You can also contact your state's insurance regulatory agency about the claim, and finally, you can speak to an attorney. If you suspect that the insurance company acted in bad faith in processing or denying your claim, talk to an experienced lawyer about your situation.
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