Insurance Bad Faith Claim |
Insurance companies are legally obligated to act in good
faith towards their insured. However, they do not always comply with this
obligation. If you or a loved one has been the victim of an bad
faith by an insurance company, you should consult an experienced attorney who
is fully prepared to hold the insurer accountable for their bad faith conduct.
What Is Insurance Bad
Faith?
Insurance is a contract where the insured pays a premium for
the insurance carrier to indemnify and defend him or her if a covered event
occurs. If the carrier fails to fulfill this obligation by failing to act in a
way that is required under its policy, the insured may have a claim for “bad
faith.”
If your attorney determines that you have an insurance badfaith claim, you will be entitled to damages. Each state has its own set of
unique penalties for such a claim. However, all states allow for bad faith
victims to seek punitive damages as a form of recovery.
Common Examples of
Insurance Bad Faith
Not all disputes with an insurance company will be
categorized and defined as “bad faith.” Insurance bad faith practices can
happen in a variety of ways. Below are some common examples of how an insurer
can act in bad faith:
-
Unreasonably or willfully denying benefits
-
Putting its own interests above the interests of
their insured
-
Failing to conduct a reasonable investigation
-
Failing to attempt a prompt and fair settlement
when liability is clear
-
Forcing their insured to sue to obtain benefits
-
Offering settlements contrary to their policy
provisions
-
Making unreasonable accusations of fraud or
misrepresentation
If you suspect that your insurance company has been less
than fair or has failed to follow the terms of your policy in an unreasonable
manner, you should contact an attorney as soon as possible.
Call a New York
Personal Injury Attorney Today
For more information or to consult with one of our
experienced New York insurance bad faith attorneys, please call Gersowitz Libo& Korek, P.C. at 1-800-529-9997.