How To Recover In A Bad Faith Insurance Case
William R. Kendall is a bad faith insurance lawyer in Reno, NV, who can take all appropriate legal steps to make certain that an insurance company stands by its obligations to make payouts when required. If your insurance company wrongfully denies a claim for damages after an accident, you need a legal advocate who can help you collect what you are owed. During a free consultation, Mr. Kendall can determine if you have a case and recommend the right way to proceed.
Insurance companies are supposed to be there for you when unforeseen losses occur. When they are not, Bill Kendall can uphold your right to compensation.
What Is A Bad Faith Insurance Claim?
When an event that is covered by your insurance policy takes place, you are allowed to make a claim and expect that claim to be paid. An insurance company that does not properly investigate a claim or refuses to pay is not upholding their duty to act in good faith. You pay premiums to cover losses, and when an accident happens, it is natural to believe the insurance company will hold up its end of the contract by paying your claim. A failure to pay on a valid claim is an act of bad faith, and the insured person or party has the right to bring a bad faith claim against the company.
During a free consultation, Mr. Kendall can determine if you have a case and recommend the right way to proceed.
Examples Of Bad Faith Insurance
Just as a car accident can take place in a variety of ways, there are a number of different examples of acts of bad faith by an insurance company. Not every instance of bad faith will involve failing to pay a valid claim. The following are also ways an insurance company could act in bad faith:
- Canceling a policy after a valid claim is made. You are entitled to file a claim for damage to your home after a storm, or to seek reimbursement for an accident with an uninsured motorist. If your insurance company cancels your policy after these events, an element of bad faith may exist.
- Failing to investigate your claim.
- Failing to provide a defense if you have been sued and request a defense.
- Misrepresenting facts about the policy or the limits of coverage provided by the policy.
- Providing misleading information regarding deadlines to file a lawsuit or refusing to settle a lawsuit at your request.
Mr. Kendall will review the facts of your situation to determine if you have a case.
Proving Bad Faith
Proving that your insurance company acted in bad faith requires you to show that the policy required a certain action and that action was not taken. You must also have evidence to support that an act occurred in violation of your policy. Because an insurance policy is a contract, when one party fails to abide by the terms, it is considered a breach, and you may have grounds to take legal action.
Compensation For Bad Faith
Insured persons harmed by an insurance company’s bad faith are entitled to compensation for losses including:
- Any amount the insured had to pay out of pocket to defend a claim that should have been covered
- Attorney fees and costs
- Emotional trauma
In some cases, you are entitled to punitive damages, but you will have to prove the insurance company acted maliciously or fraudulently. Mr. Kendall can gather the evidence necessary to prove that your insurance company failed to uphold their part of the agreement.
If you believe your insurance company has acted in bad faith, we can help. Mr. Kendall has been practicing law since 1994 and is prepared to help you collect the compensation you deserve. Contact us online, or call us at (775) 376-5142 to book a free consultation.