Insurance Bad Faith

California Insurance Bad Faith Claim Attorneys

You pay your monthly insurance premiums to give yourself and your loved ones peace of mind. Your reasonable expectation is that your insurance carrier will be there to protect you in any worst case scenario covered within your contract.

When an insurance company unreasonably refuses to pay your claim, or refuses to properly defend and protect you from the claims of others it can be extremely stressful and, worse yet, financially devastating. This is what is legally termed “insurance bad faith,” when an insurer attempts to renege on its duties to a policyholder through the use of negligent or deceptive tactics.

Insurance companies have a legal obligation to provide coverage, uphold the terms of the policy you are paying for, act in your best interest, and to pay valid claims as outlined by the parameters of your contract. We help hold your insurance carrier accountable. Our California insurance bad faith attorneys advocate for you against insurance companies when they fail or refuse to pay on your valid policy claim.

What Qualifies for an Insurance Bad Faith Claim

Examples of insurers acting in bad faith include:

Misrepresentation of contract terms and language
Nondisclosure of policy provisions, exclusions, and terms
Failure to uphold standards of timely investigation and claim processing
Failure to make a good faith effort to fairly settle claims on your behalf
Negligence or failure to respond to policyholder claim
Unreasonable denials of policy claims
Advising you not hire an attorney
Misrepresentation of statute of limitations

What doesn’t constitute insurance bad faith?

Simple mistakes in claim processing
Disagreement regarding the value of a claim between adjuster and policyholder

If you feel like you have been unfairly treated by your insurer, or that they have mishandled your claim, schedule a free consultation with our bad faith insurance attorneys to help you navigate the legal process and protect your rights.

What types of insurance are covered by insurance bad faith laws in California?

Insurance bad faith protections are in place for all types of insurance policies and contracts. We represent clients facing bad faith claims with:

Auto Insurance
Homeowner’s Insurance
Health Insurance
Life Insurance
Professional Liability Insurance

What legal duties does an insurance company have to fulfill when handling your claim?

As a policyholder, you pay your premium and, in doing so, are owed various duties by your insurer. Insurance companies have a legal duty to act in the best interest of their policyholders.

Failure by your insurer to uphold these duties can constitute bad faith:

Duty to provide coverage
Duty to uphold the terms of your policy
Duty to properly investigate claims
Duty to indemnify
Duty to defend
Duty to reasonably settle claims
Implied duty of good faith

Do I need an attorney to file an insurance bad faith claim in California?

California’s consumer protection laws are some of the best in the country and as such you can file your own insurance claim through the Department of Insurance. California insurance bad faith laws protect policyholders by creating avenues for fighting the insurance giants through a complaint process and potential mediation or a bad faith lawsuit. Our insurance bad faith attorneys can help you decide your next steps, whether you hire us or not.

Here’s how you can best prepare to make a complaint or file a lawsuit against your insurance company:

Review your insurance policy in detail to identify whether there have been violations of the contract by your insurer
Keep detailed notes on your claim: include timeline & all communications with insurer
Document any denial of your claim
Request additional support: request a supervisor at your insurance company review your claim if you believe the adjuster is acting negligently or in bad faith
Officially appeal your denial with your insurer before escalating to a complaint or lawsuit
File a complaint with California’s Department of Insurance
File an Insurance Bad Faith lawsuit
Speak with an Insurance Bad Faith attorney to identify any additional lawsuit claims

Possible compensation you may be entitled to for your Insurance Bad Faith Claim in addition to basic benefits due under the policy:

Attorneys’ fees
Any out-of-pocket expenses
Damages for the claim denial
Compensation for missed work
Punitive damages in the event of extreme negligence or bad faith

Filing an insurance bad faith lawsuit can be complex. In our experience the success of these cases often depends on our assembling a good team for the case which typically includes expert witnesses. These cases require a deep understanding of underwriting in insurance contracts as well as standard claims handling procedures. Schedule your free consultation so we can help walk you through the legal process and decide next steps.

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