Bad Faith Insurance Claims

new york litigation attorney

What is a bad faith claim?

What are some examples of conduct that can be bad faith?

How can a party respond to a bad faith act?

What is a bad faith claim?
A bad faith insurance claim may arise when an insurance company does not act in good faith towards it's policy holders and third party claimants. Insurance companies are required by law to act in good faith, or fairly and honestly, when investigating and negotiating personal injury claims. 
Failure to act in good faith, can lead to policy holders and third party claimants filing bad faith lawsuits. A bad faith lawsuit usually makes the claim that the insurance company acted unfairly or dishonestly or engaged in fraud.
What are a few examples of bad faith insurance claims?
  • Denying a valid claim and not providing a reasonable basis;
  • Offering a unconscionably low settlement offer without a reasonable basis;
  • Failure to conduct a proper investigation into a valid claim;
  • Misrepresenting policies or the law;
  • or Ignoring messages, acting in an abusive, threatening or hostile manner toward a party.
How should parties respond to bad faith insurance acts?
Bad faith claims are separate from personal injury claims. In order to have a chance at successfully fighting a bad faith claim against an insurance company, it is important to hire an attorney with experience in this special area of law. 
In addition, if you feel that your insurance has acted in bad faith start keeping a journal and document all interactions, conversations, and dates between you and your claims adjuster. Provide this information to your attorney.
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