Insurance Bad Faith FAQs

What is insurance bad faith?

Insurance bad faith is when an insurance company does not comply with laws and standards regarding fair dealing with their customers—the individuals and families who take out insurance policies (whether as life, disability, auto, property insurance, etc.). The insurance that a company provides is a business contract, and the insurer has a legal duty to fulfill the contract in good faith.

What are some examples of bad faith by an insurance company?

There are many specific ways that an insurer can engage in bad faith practices. Examples of bad faith are when an insurance company:

  • fails to fully investigate a policyholder's claim
  • delays a claim investigation for no apparent reason
  • stalls the processing of the claim in other ways, including not responding to contacts from the policyholder or insured party
  • uses an interpretation of the insurance contract language that is not plausible or fair
  • denies a valid claim
  • fails to provide payment on a valid claim, or delays payment
  • provides only partial payment or an unreasonably low payment total

Is an insurance company's offer of payment for my claim that's less than I think it should be mean that the offer was made in bad faith?

Maybe. When an insurance company intentionally gives a policyholder an offer of payment that's far below what would be "reasonable," the offer could be an instance of bad faith. This insurance practice is called "low-balling." Every insurance company has a fiduciary duty to deal with their policyholders in a fair manner, and low-balling is not a fair, good-faith practice.

Can I appeal a claim denial?

Yes, a policyholder has the legal right to appeal a denied claim for a valid reason. There is often a time limit on filing an appeal or a bad faith insurance lawsuit to contest a claim denial and it's therefore in your best interest to get legal help and advice about an appeal. The details of your insurance policy must be reviewed.

When should I contact an insurance bad faith lawyer?

Not every claim denial or other problem with an insurance policy is an indication of insurance bad faith. If you are feeling frustrated with the progress of your insurance claim and you suspect that your claim is being purposely delayed or "passed around" the insurance company, it's not too soon to contact a lawyer.

If you feel that your insurance benefits are unreasonably low or that your claim was unfairly denied, you can contact an insurance bad faith lawyer to discuss your concerns. This is a complex area of law, and the majority of attorneys are happy to provide answers to an individual's questions in a free initial consultation.

What type of recovery will a bad faith lawsuit provide?

If the claim is not settled out of court with the insurance company, a lawsuit can be pursued. If the lawsuit is successful (i.e., the court verdict is that the insurer engaged in bad faith practices), the insured party is eligible to recover the claim benefits that weren't paid by the insurance company, in addition to any additional damages or losses that the insured suffered as a direct result of the denied claim. This part of a verdict is meant as "compensatory"—that is, to compensate the injured party.

Other "punitive" damages may also be part of a verdict; this is essentially a fine that the insurance company is ordered to pay to the injured party.

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