What is Insurance Bad Faith
Insurance Bad Faith is a legal term of art unique to the law of the United States that describes a tort claim that an insured person may have against an insurance company for its bad acts.
Under the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealing to the persons they insure.
Insurance companies are required to investigate, negotiate, and settle claims in good faith.
There is a longstanding duty that has to exist in every insurance contract known as the “implied covenant of good faith and fair dealing.” It requires the party or parties to a contract to treat each other honestly, fairly, and in good faith, so as to not prevent the other party or parties from receiving the benefits of the contract.
When insurance companies violate this duty, they can be held liable in court for their bad faith acts.
Bad Faith Insurance Tactics
1. Denying A Claim Without Giving A Reason – Ignoring or denying your claim without a reason or without a logical reason.
2. Failing To Conduct An Adequate Investigation Into A Claim – If you made a valid claim to an insurance company after a car accident and it was denied with no reason, you may have a claim against the insurance company for bad faith.
3. Delaying Payment Of A Valid Claim – The duty of the insurance companies is to conduct prompt and thorough investigations into car accident claims. Delaying this investigation into your claim or conducted a poor investigation and you may have a bad faith insurance claim.
4. Offering Significantly Less Money Than A Claim Is Worth – Insurance companies must pay on claims within a reasonable time frame. If an insurance company has approved your car accident claim, but has unreasonably delayed payment of the claim, you may have a claim against the insurance company for bad faith.
5. Making Threatening Statements – If an insurance company is refusing to settle or pay a valid claim after a car accident, it is likely acting in bad faith. If you filed a claim with an insurance company after a car accident that was clearly covered by your policy or that of the other driver and it was denied, the insurance company may be liable for its bad faith denial.
6. Misrepresenting The Law Or Policy Language – Threatening policyholders or third parties who make claims after a car accident. Insurance companies should treat you and others in a respectful and professional manner. Any kind of threats against you are bad faith.
7. Refusing Requests For Documentation – If an insurance company has intentionally misrepresented the law or language in the insurance policy applicable to your car accident claim, you may have a legal claim against the insurance company for bad faith. Insurance companies must be honest in their statements about the law and the insurance policies involved in a claim.
Please give us a call today to discuss about your situation (888)-717-5387