Insurance Bad Faith
When you obtain an insurance policy, you form a binding contract with that particular insurance company. You purchase insurance and regularly pay your premiums so that your insurer will risk financial loss by providing you coverage in the event of specific losses or scenarios. Naturally, you have every reason to believe that if something happens to you, your insurance company will act honestly and treat you fairly.
Unfortunately, spending hundreds or even thousands of dollars on insurance premiums each year cannot guarantee that that your insurer will treat you justly when it's time to file a claim against your policy. Insurance companies do not always uphold their end of the agreement, and sometimes prioritize profits over people.
If you've been unfairly denied a claim by your insurance company or have been in negotiations with your insurance company and believe them to be acting in bad faith, consult with a knowledgeable attorney as soon as possible. Don't attempt to resolve a bad faith insurance claim on your own. The Hopkins Law Firm help you pursue your case against your insurer.
What is Bad Faith?
Bad faith refers to a party's unfair or unreasonable conduct. Insurance companies are required by law to handle claims ethically with reasonable efficiency and have a duty to deal with others fairly. When your insurer denies an insurance claim otherwise covered under the terms of your policy, they may be found to have acted in bad faith.
While cases of bad faith insurance are most commonly found in car accidents, insurance companies may also act in bad faith in other cases such as a premises liability claim or a medical malpractice claim. Bad faith insurance cases can arise in a great number of situations. These include:
Engaging in any of the above mentioned wrongful acts may constitute bad faith, and so legal action may be taken against the insurance company.
Note that the concept of bad faith only applies to first party insurance contracts, or claims made by you against your own insurance company to which premium for coverage is paid. It is not considered bad faith if the insurer of another party refuses to pay you money because there is no existing contract between you and that insurance company.
What is recoverable in an insurance bad faith case?
In an insurance bad faith case, you may be able to recover both economic and non-economic damages. Economic damages would cover the benefits you are entitled to receive under your insurance policy. Non-economic damages refer to any emotional or financial distress that has caused you to suffer. In some extreme cases, punitive damages may be rewarded if the jury believes the insurer has acted in a particularly egregious manner.
It can be difficult to know when you need to get an attorney involved when it comes to insurance disputes.
Three questions to ask are:
Have you had a claim denied by your insurance company?
Have you received less reimbursement than you are entitled to under the insurance policy?
Has your insurance company denied coverage for a claim?
A History Of Success
At the Hopkins Law Firm, our legal team is committed to protecting the rights of insurance policyholders living in the Charleston, Georgetown, Pawleys Island, Myrtle Beach, or anywhere else in the state. To discuss the particulars of your situation with one of our insurance lawyers, please call our offices at 843-314-4202. You can also email us about your issue.