Insurance Bad Faith
Serving West Virginia and Ohio
Frequently Asked Questions
An insurer has a duty to deal fairly with its insureds. However, insurers frequently attempt to deny or underpay claims. In most states, an insurer may not put its own interest above that of an insured. To prove insurance bad faith, the insured need only to show that the insurer failed to honor the contract and had no cause not to pay what was due.
Do insurers have the right to deny a claim?
Yes, if the insured has not lived up to the insurance contract. Insurers have the right to deny fraudulent claims and claims that are not covered by the policy.
What are some examples of bad faith?
Bad faith may include: failure to promptly and thoroughly investigate a claim, unreasonably denying benefits to a claim, unreasonably delaying payment, using unreasonable interpretations in translating policy language, refusing to settle a case or reimburse the insured for the entirety of their loss, and any other breach of the insurance policy contract.
Bad faith also includes injuries sustained outside of the insurance contract as a result of a breach. If such a breach exceeds that of being "unreasonable" and is demonstrated to be dishonest, fraudulent or deceptive, a judgment may be obtained and punitive damages awarded exceeding compensation for the loss to deter similar conduct by the insurer in the future.
What should I do if my insurance company denies my claim and appears to be committing bad faith?
First, collect all correspondence you have had with your insurance company and any other relevant documentation, then write and send a letter certified mail to the Director of Claims of the insurance carrier citing the pertinent provisions of the policy, indicating how the Insurer's denial of claim benefits is unreasonable. Also write the Commissioner of the Department of Insurance in your state and ask the department for a review and assistance in the matter.
What if my insurance company continues to deny my claim?
Bring your policy and all relevant documentation to a qualified insurance bad faith attorney. An insurance attorney should be able to determine after a quick review of the policy whether or not coverage applies for your loss, and whether your insurer has committed bad faith.
If you live in West Virginia or the Southern Ohio region and believe you might have a bad faith insurance case, please contact the experienced insurance attorneys Jan Dils & Jim Leach today.
1.866.janjim1