Friday, 7 November 2014

Examples of Insurance Bad Faith Claims


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.