Insurance Bad Faith and Coverage Litigation
Insurance companies are in the business to make money. While this is certainly understandable, occasionally an insurer acts in bad faith with its clients, wrongfully denying coverage altogether or paying minimally on a policy. If you have fallen victim to bad faith practices of an insurance company, the attorneys at Daily Aljian LLP may be able to help.
Bad Faith Litigation
Insurance company practices must be in accordance with state laws, as well as the stipulations of policies that are issued. When an insurer fails on either account, it may be sued for bad faith practices. From the outset it is important to keep in mind that victims should have a lawyer in their corner as they pursue a suit; you can be sure the insurance company will have a bevy of attorneys.
A bad faith suit can be brought by either a business or individual for a number of reasons, including, but not limited to:
- Unfair denial of benefits to a client (policy holder)
- Using inappropriate stalling tactics to delay payout on a claim
- Illegal or inappropriate denial of insurance coverage
- Inappropriate partial payout on a policy
- Refusal to defend a policy holder in a lawsuit
Procedures of a Bad Faith Lawsuit
A lawsuit often hinges on technical issues in a policy and its riders, but it can also be based on legal duty of good faith. Once an attorney accepts a case, he or she will first attempt to work with the insurance company to arrive at a fair settlement. If this proves fruitless, the lawyer will move to the litigation phase.
Keep in mind that it is possible at any point up to the day of trial for an insurance company to avoid litigation by accepting a settlement proposal. At times, insurers will test a client’s and attorney’s willingness to stay the course, hoping instead that they will reduce their settlement demand. One can imagine that an insurance company that is willing to behave unscrupulously in honoring its policies may well resort to underhanded tactics prior to litigation.
Call Us for Help
If you have been wrongfully denied coverage on a health or other insurance policy, you need the assistance of an effective litigation attorney. Call Daily Aljian LLP for a consultation today at (949) 861-2524.