Avoiding Bad Faith Insurance Providers
California has some of the most robust pro-consumer insurance laws in the United States to protect the interests of policyholders. These laws ensure that in a case of bad faith insurance, you can sue the insurance provider to obtain full compensation. Let’s explore the legal concept of insurance bad faith to determine how to identify it and what to do if it happens to you.
The Covenant of Fair Dealing and Good Faith
All insurance policies sold in California have an implicit inclusion of a covenant of fair dealing and good faith. While not explicitly mentioned in your insurance policy, California law imposes this pledge as part of the contract. This covenant is essentially a list of obligations on the part of the insurer. Here are some of these obligations:
- The insurer must investigate your claim thoroughly.
- The insurer must seek evidence that supports your claim, not just evidence that may support a denial.
- The insurer must protect your interests, not just their profitability.
- The insurer must be honest and open with you, which entails making a constructive engagement rather than adopting an adversarial approach.
If you believe your insurance company is not fulfilling any of these obligations while addressing your claim, then you should seek legal advice from a bad faith insurance lawyer in California.
How to Determine if Your Insurance Provider Is Good or Bad
After you inform the insurance provider about your claim, you should await their response. Depending on your contractual terms, an assessor may review the extent of injuries or property damage and offer you compensation within a reasonable time following the assessment. During this period, you should be alert to the following issues:
- Is the insurer’s response time reasonable, or is there an unnecessary delay on their end?
- Has the insurer denied a condition covered under your policy?
- Has the insurer offered the full amount as per the contract?
- Do you find any changes in the policy that occurred without your knowledge or consent?
- Was the insurer’s investigation thorough and conducted ethically?
- Are the insurer’s requests for documentation reasonable and relevant?
These are all vital aspects to consider, and in the absence of a comprehensive negotiation with your insurer, you may not receive fair compensation. Bad faith insurance in California is more common than you might think. Adequate legal representation will address any of your concerns regarding your insurer’s engagement with you about your claim.
Your Options in a Case of Bad Faith Insurance
Your insurance provider may be guilty of bad faith if they unreasonably withheld your policy benefits. A knowledgeable bad faith insurance attorney is imperative in this situation. They can obtain just compensation under the policy and pursue any other damages resulting from the insurer’s denial.
For instance, in the case of disability insurance, an award for damages may also include any future benefits that are payable under the policy. This type of arrangement can ensure you do not have to deal any longer with the insurer who has already shown bad faith. The jury might also choose to compensate you for any emotional distress suffered because of a bad faith insurance claim.
Speak to a Top-Rated Beverly Hills Bad Faith Insurance Lawyer Today!
Do you believe your insurance provider is acting in bad faith? You need to enlist the services of an experienced and professional bad faith insurance attorney immediately. At the Law Offices of Jeffrey Fleitman, we are determined to win and always provide frank and honest advice. Our clients recognize us as the “best lawyers in town.” Call us today at 310-695-1910 or fill out our online contact form for a free initial consultation.