If you believe that the insurance company you work with is on your side, you are going to be sadly disappointed. While all insurers are not malicious, all are profit-driven and are not solely focused on customer satisfaction. One serious issue that individuals should be aware of is bad faith insurance. So, what is considered a bad faith insurance practice? Any time a policyholder experiences a refusal, underpayment, denial or delay of a legitimate claim, this classifies as a bad faith insurance practice. If the insurance company acts without a valid reason to do so, the action can be ruled as bad faith.
Examples of Bad Faith Acts by an Insurance Company Can Include:
- Violating contract language to avoid paying a policy holder’s claim
- Misrepresenting contract language to avoid paying a claim
- Failing to fully disclose the limitations and exclusions of a policy before purchase
- Making unreasonable demands or extreme demands to prove a loss is covered by a policy
- Only searching for evidence to deny a claim and not acknowledging evidence that would support the claim
- Citing laws improperly to deny a claim
- Refusing to negotiate a settlement that would be fair to the client despite their liability
- Failure to perform a proper investigation of the claim in a reasonable amount of time
At the Cueria Law Firm, we have unfortunately found that such bad faith practices are common. Many insurance companies will take advantage of policyholders as they do not understand their rights or legal options. our New Orleans attorneys are ready to provide you with insight into your claim, helping you to seek just compensation.
Bad Faith Insurance Laws
Thankfully, there are laws in place that will help to prevent bad faith practices from taking place. When an insurer does take part in bad faith against a policyholder, the laws provide a basis for legal action. The laws protect the policyholder from unethical practices. You have the right to file a complaint with the insurance board of your state if your insurer does not provide a fair settlement for your case.
Once you have filed a complaint, an investigation will start to determine if the insurer did act in bad faith. It may be necessary for you to take further legal action to ensure you are provided a claim amount that is fair based on your situation. The board does not have the ability to see the claim paid in full but can hit the company with fines. So, you essentially may need to take legal action on top of filing a complaint.
If you or someone you love has been treated unfairly by an insurance company due to a valid claim, give our New Orleans Law Office a call. Our Louisiana attorneys are ready to review your case and provide you with insight as to what steps you should take next.