Bad Faith Insurance
Aggressive Insurance Bad Faith Lawyers in Lancaster, PA
When an insurance company fails to honor the obligations in your insurance contract, or fails to perform some other responsibility it has to you pursuant to the insurance you purchased, you may have a case against the insurance company for bad faith. Every insurance contract contains an unwritten or implied promise to act in good faith and fair dealing toward the insured, but more often than we would like to believe insurance companies fail to pay claims or delay the payment of claims in the hopes that an individual will withdraw their claim or accept a reduced insurance payout. Big money is at stake because insurance companies earn substantial interest on their capital reserves and every day they can delay a claim can translate to enormous profit for them. Where insurance companies act in bad faith, the law provides a remedy.
Bad faith insurance lawyers represent the insured for all types of first-party claims, including those relating to the failure to pay health benefits, life insurance benefits, disability benefits, loss of income for commercial entities, damage to real property both commercial and residential (including loss of rental claims), etc. Our bad faith insurance attorneys also help individuals and companies sort through coverage issues such as identifying claims that may not have been readily apparent from the beginning. We also represent professionals (mostly doctors) and other insureds when there is the possibility that an excess claim could be entered and the carrier is unwilling to settle within the policy limits. Cases such as these are not uncommon in Lancaster PA.
Insurance Claims and Litigation
Not all first-party insurance claims need litigation, but we are available to work behind the scenes directly with the insured (or a representative of the insured such as a public adjuster, accountant or any other person assisting the insured) in presenting his/her claim. A Pennsylvania bad faith insurance lawyer at Haggerty & Silverman can provide insight on how to properly present the claim and document the files so that if a bad faith claim ever arises, the chances of it being successful are greatly increased.
In every insurance contract, there is an implied promise that insurance companies will act in good faith vis-à-vis the insured. In bad faith cases, a jury is asked whether the facts show the carrier acted responsibly. Denying benefits, delaying payments and paying less than what is owed are examples of bad faith. An insurance company is obligated to thoroughly and promptly investigate all claims and must inquire into all the possible issues that might support an insured’s claim. This obligation is not terminated when a suit is brought against the insurance company for bad faith. Even if the insurer makes a belated offer or settlement, it does not excuse their previous wrongful act. Any payments made will only reduce the amount of the insurance company’s final liability as it is determined by a jury.
In a bad faith action, it is not necessary to prove that the insurance company intended to cause harm in a breach of the covenant of good faith and fair dealing. The policyholder need only show that the insurer failed to honor the agreement and had no cause to not pay what was due under contract. When a person purchases an insurance policy, the risks that are insured against make it clear that if a claim is not satisfied the policyholder will suffer financial pressure and emotional distress.
When a policyholder successfully proves that an insurer breached its contract, the insured can recover all the damages caused by the breach. This includes all consequential losses, loss of use of the insurance proceeds, general damages, attorney’s fees, and in the case of outrageous misconduct, punitive damages. If you’ve also suffered as a result of bad faith practices by your insurance company, our insurance claim lawyers can give you expert advice about your case. Our Pennsylvania Attorneys have more than 25 years of experience in handling such cases. Howard Silverman has lectured extensively about bad faith insurance claims and has recovered multi-million dollar settlements from insurance companies in cases involving insurance bad faith.
If you are submitting a claim to your insurance company and you want a bad faith insurance lawyer involved to ensure that you are treated fairly and get the return you deserve, or if you have already submitted an insurance claim which has been denied or delayed, please contact a Lancaster, Pennsylvania based worker’s compensation attorney online or by phone at 717-397-3200.Bad Faith Insurance FAQs