insurance bad faith

The law imposes on every insurance company the obligation to deal honestly, fairly and in good faith with their customers. However, if you are making a claim against another party's insurer, the company’s duty is to their insured, not you.

Conversely, any claim by you against your own insurance company invokes your insurance company’s duty of good faith and fair dealing toward you. This duty is can be important in either of the two described events.

1. When you have a claim against another person that has a value in excess of the total insurance coverage available. Under such circumstances, the insured person is at risk of losing personal assets. If the insurer fails to take reasonable steps to settle your claim  (i.e. fails to make settlement offers in the best interest of the insured rather than the insurance company), they run a risk of exposing their insured to a judgment in excess of his policy limits. They further risk liability for the resulting damage to their insured for breach of the covenant of good faith and fair dealing.

2. Where you are the insured party making a claim against your own insurance company for uninsured motorist benefits or medical payment benefits, or auto damage benefits, the insurer has an obligation to deal fairly and in good faith with you. Failure to do this by virtue of persistent “low ball” offers, spurious defenses or unreasonable demands for immaterial information, may expose them to additional damages owing you for breach of the covenant of good faith and fair dealing.

The attorneys at Plymale & Dingus are experienced at representing clients in bad faith cases. If you believe that you have been the victim of unfair treatment by your insurance company, please contact one of our attorneys today.