Every insurance policy contains an implied duty of good faith and fair dealing, which requires that insurers act reasonably in processing, investigating, and paying insurance claims. When an insurer fails to comply with these duties, the insured may have a claim for bad faith.
The following may constitute bad faith insurance practices:
- Wrongfully denying a legitimate insurance claim
- Failing to investigate a claim before issuing a coverage determination
- Delaying the investigation of a claim
- Delaying payment of a claim
- Misrepresenting relevant facts or policy provisions
- Modifying an insurance application and/or policy without the insured’s consent
- Refusing to make a reasonable settlement offer
- Settling a claim for less than the reasonable value
- Ignoring phone calls, emails, or correspondence from the insured
- Putting the insurance company’s interests above those of the insured
The legal standards and remedies for bad faith conduct vary significantly from state to state. Although not every wrongful denial of coverage gives rise to a bad faith claim, an insured who succeeds on a bad faith claim may be able to recover damages beyond the policy limits, such as attorney fees, interest, penalties, and punitive damages.
With over 25 years of experience representing policyholders, SDV’s Bad Faith Insurance Attorneys are well-versed in the tactics that insurers may use to deny a claim in bad faith. Our attorneys are here to assist you in evaluating the insurer’s conduct and recovering losses you sustain as a result of bad faith.