Bad Faith Insurance Laws

Bad Faith Insurance Laws

There are many ways an insurance company can act in "bad faith" to deny legitimate claims.  First, they can deny that a valid claim is covered by the insurance.  Second, they can deny payment or investigating a claim.  Third, they can pay only a portion of the claim.  In addition, under the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealings to the persons or entities they insure.  This duty is often referred to as the implied covenant of good faith and fair dealing with regard to the rights and interests of their insureds.  An insurance company has many duties to its policyholders. The kinds of applicable duties vary depending upon whether the claim is considered to be "first party" or "third party."

Bad Faith, Generally Speaking

Also, a common first party context is when an insurance company writes insurance on property that becomes damaged, such as a house or an automobile.  In that case, the company is required to investigate the damage.  Also, they need to determine whether the damage is covered.  Last, they pay the proper value for the damaged property.  Bad faith, in first party contexts, often involves the insurance carrier's improper investigation and valuation of the damaged property.  Or its refusal to even acknowledge the claim at all.  Also, bad faith can arise in the context of first party coverage for personal injury such as health insurance or life insurance.  However, those are rare cases, most having been preempted by ERISA.

Effects of Bad Faith

Consequently, there are many nuances in this ever expanding field of insurance litigation. As a result, the above summary describes one of the many bad faith scenarios that find their way to the Courthouse. The Dawson Law Firm welcomes referrals from attorneys.  We always respect the referring attorney’s prior client relationship.  Contact us today to schedule a meeting to review the case.

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5.0
2017-08-02T10:55:55+00:00
"Joseph Dawson is a truly professional and experienced attorney. I highly recommend using the team's services in case you get injured in a car accident."

Won a Great Recovery on My Behalf

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5.0
2017-08-02T10:56:54+00:00
"Joe handled a personal injury matter for me. He won a great recovery on my behalf! I always knew where I was at throughout the entire process since his communication with me was very frequent. The entire process occurred in a very timely manner. I would highly recommend Joe to anyone who is looking a for a quality and experienced personal injury attorney!"

Knowledge of Case Law Was Impressive

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5.0
2017-08-02T10:57:19+00:00
"Joseph Dawson is one of the most detail oriented, prepared attorneys I've ever had the privilege to try a case against. His knowledge of case law was impressive and I learned a lot from having him as opposing counsel. I would definitely recommend him to anyone looking for a quality personal injury attorney."

He Won Full Recovery on My Behalf

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5.0
2017-08-15T08:50:20+00:00
"I hired Joseph Dawson on a recommendation from a friend to handle my personal injury matter. Not only did he win full recovery on my behalf, but he guided me step by step throughout the entire process. I always knew what was happening since his communication was very frequent. The case did not drag on for years rather it was very quick!! His compensation fees were fair. I would highly recommend Joseph Dawson."

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5.0
2017-08-15T08:51:23+00:00
"Mr. Dawson came highly recommended and did not disappoint! Promptly returned phone calls, explained things to me at every juncture, and got the results he predicted. I would use him again in a heartbeat - excellent attorney!"

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5.0
2017-08-15T08:52:18+00:00
"I was a victim of telephonic stalking. Mr. Dawson was prepared at the very first attorney client interview. He was already fully versed in the subject matter I eventually retained him for. The result was as outstanding as the preparation at the first meeting. My objective as a client was more than fully accomplished."
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