Don’t Take-on Insurance Bad Faith Alone
If you are making a bad faith insurance claim against another party’s insurer, the company’s duty is to their insured, not you.
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Insurance company obligations.
The law demands every insurance company the obligation to deal honestly, fairly, and in good faith with their customers. Any claim by you against your own insurance company invokes your insurance company’s duty of good faith and fair dealing toward you.
What is “Bad Faith”?
Insurance companies are required to act in good faith towards their policyholders, meaning there is a standard of ethics that they are expected to uphold. When Insurance companies use tactics to avoid paying for legitimate claims or fail to process claims in a reasonable period it is referred to as bad faith insurance.
Essentially, your insurance company’s responsibility boils down to two events:
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.
Where you are the insured party making a claim against your own insurance company for uninsured motorist benefits, 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.
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