|ABOUT PRACTICE AREAS VERDICTS TESTIMONIALS REFERRALS NEWS CONTACT US|
|Insurance Disputes - Insurance Bad Faith Claims|
Introduction - Truck Accidents Injuries From Truck Accidents Causation and Liability in Truck Accidents Damages in Truck Accident Cases Experienced Truck Accident Attorneys
Introduction - Motorcycle Accidents Injuries From Motorcycle Accidents Common Causes of Motorcycle Accidents Liability and Damages Experienced Motorcycle Accident Attorneys
Introduction - Aviation Accidents Injuries From Aviation Accidents Causes Of Aviation Accidents Liability And Damages Qualified Aviation Accident Attorneys
Introduction - Construction Accidents Injuries From Construction Accidents Causes of Construction Injuries/Accidents Liability In Construction Accidents Damages In Construction Accidents Construction Accident Attorneys
Introduction - Cruise Ship Accidents Cruise Ship Accident, Injury And Assault Cruise Ship Accident And Injury Lawsuits Experienced Counsel For Serious Cases
Introduction - Wrongful Death Common Causes Of Wrongful Death Wrongful Death Lawsuits Experienced Wrongful Death Attorneys
Introduction - Severe Burn Injuries Burn Injury Overview Causes Of Severe Burn Injuries Burn Injury Lawsuits Experienced Burn Injury Attorneys
Introduction - Neck And Back Injuries Disk Injuries And Herniations Spinal Cord Injuries Causes Of Neck And Back Injuries Neck And Back Injury Lawsuits Qualified Neck And Back Injury Attorneys
Introduction - Spinal Cord Injuries Causes of Spinal Cord Injuries Spinal Cord Anatomy and Physiology Symptoms and Effects Treatment for Spinal Cord Injuries Spinal Cord Injury Lawsuits - An Overview Negligence Claims Products Liability Claims Damages in Spinal Cord Injury Cases Experienced Spinal Cord Injury Attorneys
Introduction - Head Injuries Head Injury Overview Causes Of Head Injuries Head Injury Lawsuits Experienced Head Injury Attorneys
Introduction - Brain Injuries Causes of Brain Injury Brain Function and Anatomy Symptoms of Brain Injury Brain Injury Diagnosis and Assessment How the Brain Gets Injured in an Accident Intracranial Hemorrhage Brain Bruising Brain Tearing Brain Swelling Medical Care and Treatment Brain Injury Lawsuits - An Overview Negligence Claims in Brain Injury Cases Products Liability Claims Damages in Brain Injury Cases Choosing the Right Brain Injury Attorney Experienced Brain Injury Attorneys
Introduction - Medical Malpractice Standard of Care in Medical Negligence Cases Damages in Medical Negligence Cases Proving Medical Negligence Experienced Medical Malpractice Attorneys
Introduction - Sexual Molestation Clergy Sex Abuse Cases Other Sexual Molestation Cases Victims of Sexual Molestation
Introduction - Corporate Whistleblowers Whistleblower Actions - Overview Qui Tam Actions Protecting Whistleblowers
Questions? We Have Answers!
In San Francisco, Los Angeles, and
The Brady Law Group Latest News
BUS ACCIDENT FILE SUIT
Insurance Bad Faith Claims
Insurance bad faith claims can arise in a variety of ways, but in general they are all based on the proposition that the insurance company treated the policyholder unfairly, unreasonably, or otherwise unjustifiably failed to honor the terms of the policy. Most insurance bad faith cases arise when a valid claim is denied, underpaid, or improperly investigated.
The California Department of Insurance is charged with the responsibility of enforcing the California Insurance Code, including those sections relating to unfair and deceptive acts or practices by insurance companies. Despite this mandate, the Department rarely takes action to enforce the Code because of their limited resources.
While the California Insurance Code does not provide for a private right of action by consumers against insurance companies, its provisions can be used by attorneys to help prove that an insurance company’s actions amounted to bad faith. For example, Section 790.03(h) of the Code provides a list of specific actions which will be considered unfair claims settlement practices. This list is far from exhaustive in terms of what constitutes insurance bad faith. However, when taken as a whole, Section 790.03(h) and other provisions of the Insurance Code can help consumers and attorneys determine if an insurance bad faith claim should be pursued and may help bolster a plaintiff’s case. The acts prohibited by Section 790.03(h) include:
1. Misrepresenting to claimants the pertinent facts or insurance policy provisions relating to any coverages at issue.
2. Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
3. Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.
4. Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.
5. Not attempting in good faith to effectuate prompt, fair, and equitable settlements in which liability has become reasonably clear.
6. Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.
7. Attempting to settle a claim by an insured for less than the amount to which a reasonable person would have believed he or she was entitled by reference to written or printed advertising material accompanying or made part of an application.
8. Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured, his or her representative, agent, or broker.
9. Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made.
10. Making known to insureds or claimants a practice of the insurer of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
12. Failing to settle claims promptly, where liability has become apparent, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
13. Failing to provide promptly a reasonable explanation of the basis relied on in the insurance policy, in relation to the facts or applicable law, for the denial of a claim or for the offer of a compromise settlement.
14. Directly advising a client not to obtain the services of an attorney.
15. Misleading a claimant as to the applicable statute of limitations.
16. Delaying the payment or provision of hospital, medical, or surgical benefits for services provided with respect to acquired immune deficiency syndrome or AIDS-related complex for more than 60 days after the insurer has received a claim for those benefits, where the delay in claim payment is for the purpose of investigating whether the condition preexisted the coverage. However, this 60-day period shall not include any time during which the insurer is awaiting a response for relevant medical information from a health care provider.
Again, the acts noted above are not the only activities which may constitute bad faith on the part of an insurer. If you feel that you have been wronged or treated unfairly by an insurance company in any way, you should consult with an experienced California attorney right away. If you would like to discuss the facts of your case with one of our attorneys, contact The Brady Law Group by phone or email today.
© The Brady Law Group
The information on this web site is for informational purposes only and should not be construed as formal legal advice. Viewing or submitting information on this web site does not create an attorney-client relationship. Any case results stated on this web site were dependant on the facts of that case and are not a guarantee, promise or prediction of future results. Results will differ from case to case. You should never take, or refrain from taking, any action which may affect your legal rights without first seeking the advice of a qualified attorney. We make no claim of copyright to official government works. This web site is not intended to solicit clients for matters outside the State of California.