Insurance Bad Faith Attorneys
Our bad faith lawyers could help you collect financial compensation if an insurance company has violated the implied covenant of good faith and fair dealing.
Bad Faith Insurance Attorneys
People purchase insurance for future protection, whether it is from fires, auto accidents, injuries, etc. Sometimes, these insurance policies could be a relief after getting involved in an accident. But, sometimes, insurance companies could be a big headache after an accident. Insurance companies try to downplay their liability in order to not pay the policy. We understand that this could be very frustrating to the insured. Not only could this be a financial hurdle you will have to go through, but it also results in emotional distress. The insurance company will try to limit liability as much as possible, while aggressively defending themselves to avoid paying any damages to their policyholders.
Our bad faith insurance attorneys believe that no consumer should get taken advantage of by an insurance company. Insurance companies must act in good faith when dealing with their insurance. If you or a loved one believes that an insurance company is failing to handle your claim in a reasonable manner, contact our bad faith attorneys in California and Nevada today. Our attorneys work to make sure that you receive financial compensation for any rights that have been violated. Both California and Nevada law require insurance companies to act with good faith and fair dealing.
What is Bad Faith Insurance?
Under both California and Nevada state laws, insurance companies have an implied duty of fair dealing and good faith that must be upheld for each of the policy holders they ensure. When an insurance company delays, underpays, or flat out denies a claim in bad faith, this is called bad faith insurance. Not only is this an unethical practice conducted by many insurance companies, but it also opens the door for the policyholders to take legal action against the insurers for bad behavior.
Bad faith insurance can occur with first-party and third-party insurance claims across different insurance industries including health insurance, property insurance, life insurance, and disability insurance among others.
This usually occurs when insurance companies are working to deprive policyholders of their benefits. Nevertheless, bad faith insurance laws can vary from state-to-state. That is why it is very important to hire an experienced attorney that is well-versed with the laws of your state.
How Do Insurance Companies Engage in Bad Faith Practices?
There are several different ways an insurance company could be held liable under a bad faith lawsuit. Different examples include:
- When an insurance company fails to adhere to the terms of their insurance contract. This would fall under a breach-of-contract claim.
- When the insurance company refuses to pay the insurance benefits.
- When the insurance company refuses to conduct a reasonable investigation into the claim.
- Our bad faith insurance attorneys could also bring a claim against insurance companies for fraud or malice. The fact that they were aware that they were engaging in bad faith, yet continued nevertheless could be a cause for malice.
What Must Be Proven in a Bad Faith Lawsuit?
Under bad faith law, the policyholder must be able to prove that the benefits they were due under their insurance policy were underpaid or withheld entirely and that the insurer’s reasoning for why they denied, delayed, or underpaid on the claim was not reasonable. It is imperative that you hire an experienced Insurance dispute attorney to determine if you have a valid claim for bad faith. Your bad faith insurance attorney must take the necessary steps to make sure that all the bad faith elements have been met when pursuing such a claim. Our experienced personal injury attorneys have handled bad faith claims for decades.
Bad Faith Insurance Examples
- When the insurer fails to investigate claims: laws mandate that an insurer must conduct a fair and thorough review process of the claims. During this review process, they should be investigating reasonable and available evidence. When the insurer conducts an unreasonable investigation, they could be held under a bad face standard. No insurance can deny payments at good faith without fully investigating the claim.
- When the insurer failed to conduct an independent medical examination: when the insurer denies the claim without ordering an independent medical examination, this could be an indication of bad faith conduct. Although it is not required that the insurer request an independent medical examination, it could show that the insurer acted unreasonably. This could also show that the insurer has bias.
- Unreasonable delay: when the insurer unreasonably delays the investigation into the claim, this could be viable evidence of bad faith. The insurer must conduct a reasonable and diligent investigation into the claims. Oftentimes, insurers try to prolong the process as much as possible to delay paying any insurance policies.
- Misrepresentations: misrepresenting a coverage provision can give rise to bad faith. This occurs when the agent who sold the policy misrepresented the insurance provisions.
- Attempting to rescind the insurance policy: when the insurer tries to rescind the insurance policy to prevent paying a benefit claim, the insurer has been engaging in bad faith. But, if the insurer rescinded the lawsuit reasonably, the plaintiff most likely does not have a viable claim for bad faith. That is why it is very important to hire an experienced bad faith attorney to pursue your claims for you.
- Refusing to communicate with policyholders.
- Refusing to pay reasonable limits.
What Damages Could I Receive from an Insurance Bad Faith Lawsuit?
Different types of damages you could receive include:
- Legal fees
- Emotional distress
- Costs the policy should have covered that the injured party had to pay out of pocket
- Punitive damages: in certain cases, some courts will compel punitive damages. Punitive damages could value up to millions of dollars in bad faith cases.
California Bad Faith Laws
California also entitles plaintiffs who are filing the lawsuit for bad faith to receive substantial and additional compensation. To see if your claim qualifies under a California bad faith claim, contact our attorneys today.
What Type of Bad Faith Insurance Claims Do We Handle?
We handle all types of an insurance claims, including:
- Disability insurance
- Health insurance
- Life Insurance
- Auto Insurance
- Property insurance
- Business insurance
- Homeowners insurance
We have an extensive amount of experience and resources to take on insurance companies. Our investigative team will thoroughly examine the merits of your bad faith insurance claim and gather as much evidence as possible to hold the at-fault party liable.
Contact our Bad Faith Insurance Attorneys in California and Nevada Today
You need a bad faith insurance attorney that has experience with these cases. One that can get you the best return for the injustices you’ve suffered at the hands of greedy insurance companies. If you’re being treated unfairly by your insurance company, Heidari Law Group can help you settle your legal disputes. Give us a call today at 1-833-225-5454 to get started or send us a message at email@example.com.
Our attorneys fight aggressively for your rights to make sure that you have not been taken advantage of and the insurance company does not downplay their liability. We are not afraid to fight big insurance companies and take them to court. For a free consultation, contact our bad faith insurance attorneys today. We have offices located in major cities such as Los Angeles, San Francisco, Fresno, Las Vegas, etc.