Bad Faith: What it Is
Although known by a number of different terms, bad faith is nothing more than insurance company malpractice. Just like a doctor or a lawyer can be sued for their wrongful handling of a case, so can an insurance company be held to pay for the damages it causes when it does not live up to its professional duties. The law of bad faith begins with the insurance contract. That contract basically says that after your pay your premium, you are entitled to certain legal rights to be protected in an hour of need or calamity. The insurer has duty to provide that protection. All to often the carrier either refuse to do that job or does it so poorly that it might as well have done nothing.
The courts have held that this is unacceptable. The courts have held that an insured who has paid his/her premium is entitled to the protection he or she bought. And if the insurance company decides to deny that protection or to provide it in such a haphazard and negligent fashion that the insured is essentially left out in the cold, then the carrier must pay for all damages it caused. This includes what is owed under the policy but also it includes what ever additional dangers arise—loss of home; lost wages; emotional distress, loss of financial opportunities. It may even include punitive damages and attorneys fees.
For over thirty years, the Law Offices of David C. Werner has helped insured thru the legal process. Simply put, if the carrier won’t do it, we hold them to the legal standards enunciated by the courts. And we do it at no charge to the client in most cases.
If you are having trouble with your insurance claim, contact us. We can help.