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bad faith insurance Archives

Helpful tips for dealing with potential bad faith insurance acts

Insurance is required for so many instances of our lives (i.e. home insurance, business insurance, car insurance) it should not be an arduous process to exercise our contractual rights under the policy. But remember, insurers are in the business of making money, so it is important to understand what can be done to protect one’s rights.

How a case for punitive damages can be proven

When an insurer refuses to provide benefits when it has a contractual obligation to do so, an insured may seek a breach of contract claim. While these types of claims are common, there is a separate claim reserved for an insurer’s actions (or lack of action), that rise to a level that can be considered unreasonable, and this type of claim is called insurance bad faith. Under Arizona law, punitive damages may be recovered with such claims.

Will your insurer be skeptical about neurological injuries?

If you have recently suffered a physical injury through an auto accident, it is probably easier to understand the limitations you currently have as well as the rehabilitation time expected. For instance, your doctor may suggest that you could go back to work in 4-6 weeks. However, if you are suffering from neurological conditions from a concussion or lyme disease, the healing period condition may not be so easy to predict. Because of this, some disability insurance carriers may not believe that your condition is actually genuine, or may compare the rehabilitation time of unrelated injuries to justify improper denials. 

Insurers often have legitimate reasons to deny claims

While the focus of this blog is bad faith insurance, it is important to also realize the other side of the coin: insurers are often justified when they deny a claim. It may feel like they are acting in bad faith, but in reality they are acting well within their rights.

Why you need an attorney in insurance bad faith

Insurance law is very complicated. Proving that your insurance company treated your claim with bad faith usually involves careful investigation of the insurance policy, the paper trail and the relevant statutes. Without an attorney with plenty of experience handling insurance bad faith litigation, you are going to have a hard time proving even a seemingly open-and-shut case.

Is there a difference between insurance deceit and bad faith?

An insurance company can deprive you of your rightful coverage without acting in bad faith. Sometimes, people make mistakes. Of course, whether an agent accidentally fails to approve your proper claim or wrongfully denies your claim on purpose does not matter much when you are facing huge bills that insurance was supposed to pay for.

Typical ways an insurer commits an act of bad faith insurance

Bad faith insurance seems like a complicated legal topic, but conceptually it is very simple. Bad faith insurance occurs when an insurance companies fails to act in accordance with the laws to which they are bound and when they fail to uphold their clients needs under the implied covenant of good faith. More simply, bad faith insurance just means that an insurance company didn't follow through on the promises they made in your policy, or they acted in an illegal manner.

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