Bad faith insurance litigation: How to go about it

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PostPosted: Mon Mar 08, 2010 11:07 am   Post subject: Bad faith insurance litigation: How to go about it  

I'm a law student from KY. I'm trying to understand the process of Bad Faith

Insurance Litigation. See if you guys can show me some instances of insurance bad faith as well.


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PostPosted: Tue Mar 09, 2010 10:20 am   Post subject:   

Whenever any insurance provider rejects a legitimate claim, it results in an act of bad faith. Even if the insurer demands a few irrelevant documents during the course of the settlement, it could be described as an 'instance of bad faith'.

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PostPosted: Tue Mar 09, 2010 6:41 pm   Post subject:   

Bad Faith is pretty general. Basically I'd say anytime the insurer is not acting in the best interest of their insured, they can be in Bad Faith.



Delays in handling a claim, incorrect information given, things not done that cause the insured a loss, not disclosing coverage, leading the insured to think they had coverage, the list goes on.

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PostPosted: Wed Mar 10, 2010 12:52 am   Post subject:   

Quote:
See if you guys can show me some instances of insurance bad faith as well.
Most states have fairly specific 'fair claims' practices on their books..check them for you state...



Here ya go honey...
Quote:
the intentional or malicious refusal to perform some duty or contractual obligation.
That's it in a nut shell..



OR, were you looking for specific examples that we've seen, been part of, or heard of?


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PostPosted: Wed Mar 10, 2010 11:45 am   Post subject:   

Claims from legitimate policy owners are some times turned down when the insurer denies of ever receiving information on a timely basis. It could be an 'act of bad faith' on the part of the carrier. On the other hand, when a carrier doesn't agree to inspect a claim, it might also fall under the category of "Bad faith acts".

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PostPosted: Thu Mar 11, 2010 10:38 am   Post subject:   

Quote:
On the other hand, when a carrier doesn't agree to inspect a claim, it might also fall under the category of "Bad faith acts".


It's not always about claims inspection. Some times a carrier might just deny the claim stating that the nature of loss is not covered under the policy. They'd often come up with a number of excuses to deny a natural claim.
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PostPosted: Fri Mar 12, 2010 8:24 am   Post subject:   

Guys, don't forget that even when your carrier is paying for your loss, it might be counted as an act of bad faith if they're paying you partially. Many insurance carriers have chosen to go this way, especially under the recession. Such a bad faith act would also amount to a breach of contract.

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PostPosted: Sat Mar 13, 2010 5:21 am   Post subject:   

Quote:
Such a bad faith act would also amount to a breach of contract.


Well, a breach of contract might just be the right cause to invite bad faith insurance litigation. If a civil lawsuit gets filed, then it's the obligation of the policy holder to prove that an act of bad faith has been committed by the insurer.


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