Bad Faith Insurance Claims
A bad faith claim is a tort claim that an insured person may have against its insurance company for its bad acts. There are many things adjusters do or have done that can lead to a finding of bad faith.
Every insurance company owes a duty of “good faith” to its insured. That duty requires an insurer to compensate its policy holder in a timely manner. The duty also requires the insurer to investigate the claim promptly, and it must do so fairly and diligently. For their part, the insured must file their claims promptly and assess their losses as accurately as they can. The duty of good faith requires insurers and their policy holders to treat each other fairly at all times.
Where the insurer’s conduct becomes high handed, malicious, or arbitrary, the insurer is considered to have breached its duty of good faith to its insured. In these types of cases, the insurer is said to have acted in bad faith towards its insured and the insurer may be required to pay punitive damages, aggravated damages or damages for mental distress to its insured.
Situations involving bad faith conduct on the part of the insurer may arise in the context of a disability insurance claim or an accident benefits claim.
If you think your case has been affected by an adjuster whereby the adjuster has prevented to from getting proper treatment for your injuries, give us a call.