What are Bad Faith Insurance Claims?
Insurance companies have a duty to act in good faith and fair dealing for those they insure. This is known as an “implied covenant of good faith and fair dealing,” and must exist in every insurance contract by law. When insurance companies fail to act in good faith, the policy holder has the right to sue the insurance company. Some common examples of bad faith include:
- Failure to pay amounts as indicated within the insurance policy
- Providing payments that fall well below your policy limits
- Delayed payment for an extended period of time without adequate explanation
- Failure to settle a claim against you
- Outright denial of your claim
If your insurance company has acted in bad faith, you can file a tort claim for bad faith, as well as a breach of contract claim.
You should seek assistance from an attorney with experience in bad faith insurance claims. At Rubin & Machado, Ltd., our attorneys have aided many clients who have had their insurance company fail to meet their legal obligations. We can conduct a full investigation into the insurance company, revealing its failings in the handling of your claim. With this evidence combined with our personal injury experience, we can help you hold your insurance company responsible, seeking damages to compensate you for your financial losses.
When insurance companies fail to act in good faith, the policy holder has the right to sue the insurance company.
Damages You can Collect in Bad Faith Insurance Claims
Although settlements may not undo the harm already done, they can aid in restoring your financial stability. In bad faith insurance claims, you can pursue damages, requiring that the insurance company pay for:
- Their contractual obligations
- Judgments exceeding policy limits
- Your attorney fees
- The emotional distress you have suffered
- Any economic losses you have suffered, including damage to your credit or loss of assets
- Punitive damages based on the company’s failure to fulfill their contractual obligations
Courts are often sympathetic to victims of bad faith and award punitive damages to further punish insurance companies for their misdeeds. Punitive damages are sought based on the insurance company’s wealth and assets. In many cases, clients have received damages above and beyond their expected injury compensation.
Contact a Bad Faith Insurance Lawyer Today
If you have been the victim of an insurance company’s acts of bad faith regarding a claim, you need the experience of Rubin & Machado Ltd., on your side. Contact our team online or call (312) 327-1840 to begin the investigation into your insurance company.