Bad Faith FAQ Part 1

Insurance companies are under a legal obligation to act fairly and deal honestly with their policy holders. When an insurance company acts in bad faith by refusing to settle, underpaying a claim, denying a claim, failing to investigate or pay out on a valid claim, cancel a policy for no reason or act in any other negligent manner, it is the policy holder who suffers. If you believe your insurance company has acted in bad faith, Brasher Law Firm, PLLC can help. Our attorneys are aggressive advocates for the victims of insurance bad faith. We have more than 20 years combined legal experience and have helped recover millions of dollars in settlements and verdicts on behalf of our clients. We realize you may want answers to some of the questions you have before you proceed.

What is bad faith insurance?

When we talk about “bad faith” in insurance we are referring to the unfair or unjust conduct of insurance companies and their representatives. When an individual purchases an insurance policy, he or she is entering into a contract with the insurance provider. Insurance companies who wrongfully deny or withhold benefits on valid claims are acting in bad faith. It is an insurance company’s legal obligation to act in “good faith” to those with whom they have a contractual agreement.

What reason would an insurance company (or insurer) have for committing bad faith?

Insurance companies and insurers are not in business to pay claims. They make their money by selling insurance policies in the event of an accident, injury or some unforeseen circumstances. Paying claims costs them money and cuts into their profits. Insurance companies are big business. Many people feel helpless going up against an insurance company on their own after their claim has been denied, unnecessarily delayed or they have been offered an unfair settlement. Our attorneys are not afraid to go up against bad faith insurance companies. We will stand by your side and be the aggressive advocate you need when fighting against bad faith insurance practices.

What are some examples of bad faith practices?

If your insurance company is trying to find and come up with reasons why your claim should be denied or does not need to be paid, it is very likely they are acting in bad faith. Some examples of bad faith practices are:
  • Failing to rapidly and thoroughly investigate a claim
  • Interpreting policy language in an unreasonable fashion
  • Refusing to settle a case
  • Refusing to reimburse a policy holder for the entirety of his or her loss
  • Unreasonable denial of benefits on a valid claim
  • Termination of a claim which should have been paid
  • Excessive delays in making payments to a policy holder
  • Failing to defend a policy holder who has been sued, despite that policy holder having a liability provision in his or her policy
  • Attempting to lowball a payment or coerce a policy holder into accepting an unreasonable settlement
  • Attempting to deceive a policy holder by making him or her believe the policy does not cover the specific incident in question

How will I know if I have a valid bad faith insurance claim?

There are many different types of insurance policies such as life insurance, disability insurance, auto insurance, homeowners’ insurance, renters’ insurance, health insurance and more. As a policy holder, you are entitled to receive the complete benefits of your policy and be compensated fairly for any covered claim. If your insurance company refuses to pay on a valid claim or attempts to delay payment, you may have grounds to file a bad faith insurance claim.
Insurance policies are usually filled with a lot of legal terms and the conditions of a policy are not easy to understand. Insurance companies design them this way on purpose. Do not be fooled into believing your claim is not covered or that you have no rights. A skilled bad faith insurance attorney will be able to review your policy, investigate your claim and advise you as to whether you have a claim. If you have additional questions or you want to find out whether you have a case, contact one of the Texas bad faith insurance attorneys at our firm now. Getting justice for our clients is what we do and you can trust we will stop at nothing to help you pursue what is rightfully yours.