Bad
faith is when an insurance company has illegally denied or delayed paying a
valid claim. Doing so can have consequences for you and your loved one.
Insurers have a duty to act in good faith toward their policyholders; failure
to do so can be considered bad faith. If this happens, you may be eligible to
file a lawsuit against your insurance company. In cases where the insurance
company's conduct is beyond unreasonable, punitive damages may be
awarded.
Bad faith
can occur with automobile insurance coverage for collision, comprehensive
losses, medical payments, homeowner’s coverage, commercial insurance and
mishandling liability insurance claims. If a claim is denied, the insurer must explain
to the insured the reason for the denial and the policy provision supporting
that denial. There are numerous additional ways
that an insurance company may act in bad faith to deny legitimate claims. The
following are types of conduct with may be bad faith:
·
Repeatedly lost or
misplaced paperwork/documents, requiring
you to fill out the same paperwork over and over;
·
Ignored information
for your doctor indicating you have a valid medical problem;
·
Delaying payment of a
claim, which puts you in position of having to cover expenses while waiting for
the claim to be paid;
·
Paying only partial
benefits for a claim;
·
Offering an amount below
what the claimant is entitled to;
·
Using a policyholder's
previous claims as grounds to deny a new claim;
·
Misrepresenting
important facts or insurance policy provisions as they relate to coverage;
·
Misuse of claimants'
medical records;
·
Canceling a policy after
a claim is made; and
·
Ignoring an expert’s
opinion in cases where that opinion would result in a claim being paid out
(such as finding that a death was suicide when a medical examiner has ruled it
accidental);
If
a claim is denied, the insurer must explain to the insured the reason for the
denial and the policy provision supporting that denial
If you have to file an insurance claim for any reason,
chances are you already have suffered enough. We work to help you make sure you
do not suffer again at the hands of your insurance company. Call Hopkins, Barvié & Hopkins,
P.L.L.C. if you have been denied a legitimate insurance
claim, and we will evaluate your claim at no cost or obligation. With
more than 65 years of combined legal experience, our attorneys offer clients
throughout Mississippi the representation they need.
Contact us online or call 228-864-2200 to schedule
your free initial consultation with an experienced lawyer.