Insurance Bad Faith/Claim Denied

When you purchase insurance, you place your trust in the company that you have chosen to protect you. Whether you based your choice on the assurances that the company claims in its advertising, a recommendation from a friend or family member, or your own independent research, your decision to pay this company to insure you is based on your trust that it will fulfill the promises that your policy provides. An insurance company‘s breach of this trust is known as Bad Faith.

Insurance-Bad-Faith_v3In California, there is an implied covenant of good faith and fair dealing in every insurance policy. For an insurance company to meet this obligation in handling your claim, it must give at least as much consideration to your interests as it gives to its own. When an insurance company unreasonably, or without proper cause, withholds or denies benefits that are due to you for a justified claim, it is acting in bad faith.

 

If your insurance company has acted in bad faith in handling your claim, you are entitled to reasonable compensation for your damages. These include mental suffering, anxiety, humiliation, emotional distress, and the cost of attorney fees necessary to recover your policy benefits. In some instances, the court may also award punitive damages, which act as a punishment or deterrent against the defendant or others for similar misconduct.

Your insurance company’s duty to act in good faith extends not only to personal injury claims, but also, for example, to claims for vehicle theft. When you submit a claim for a stolen vehicle, your insurance company must act in good faith in investigating your claim, and you must cooperate in good faith with the investigation. However, if your insurance company has unreasonably denied your claim, contact us to discuss an insurance bad faith action.

The attorneys at the Law Offices of Catharine Kroger-Diamond are experienced in dealing with insurance bad faith claims. If you believe your insurance company has acted unreasonably in handling your claim, contact us now to arrange a free consultation.