Philadelphia Insurance Bad‑Faith Lawyers
As consumers, we purchase insurance to protect ourselves in the event of an injury or other type of loss covered under the policy. Quite frankly, we hope that we never have to use it. However, if we do need it, we expect insurance companies and their employees and representatives to fulfill the obligations of the insurance contract.
Unfortunately, some people encounter anything but fair treatment when they go to make an insurance claim with their insurance provider. Instead, they find themselves encountering aggressive or uncommunicative insurance adjusters who are desperately trying to save the insurance company money, possibly even employing illegal tactics.
If you suspect that your insurance company is crossing the line into insurance bad faith, you need legal assistance from an experienced advocate who can evaluate the situation and fight for the fair treatment you deserve. The Philadelphia insurance bad faith lawyers from Cousin Benny Personal Injury can explain your legal rights during a free case review. Contact us today to get started.
How a Bad Faith Insurance Lawyer Can Help
If you have been injured or suffered a compensable loss, you’re already dealing with unexpected problems and expenses. The last thing you need is to have to deal with an insurance company you have diligently paid premiums to, treating you unfairly. An experienced attorney can be your trusted legal advocate, competently handling every aspect of your insurance claim.
Our personal injury lawyers can:
- Investigate the accident to determine why the insurance company is responsible for covering it
- Review your insurance policy for terms and coverage
- Handle communications with the insurance company
- Supplement your claims with additional information and evidence
- Review your case to determine if you have legal grounds to file a bad faith insurance claim
- Pursue the compensation you deserve
At Cousin Benny Personal Injury, we have over 25 years of combined experience dealing with insurance companies and securing maximum compensation for our clients. Because we work on a contingency fee, you don’t have to pay any attorney fees unless and until we win, so you’re not at further risk of losing money. We offer a free consultation for prospective clients, so call us today to learn more about your legal rights.
What Is Insurance Bad Faith?
All insurance companies are for-profit entities that rely on generating more premiums than they pay out in claims. They try to minimize the value of claims to achieve this goal.
Bad faith insurance occurs when an insurance company’s tactics cross the line into illegal or unethical practices against its own insured. Insurance companies have the legal duty to deal fairly with their customers and to act in good faith. This legal duty stems from the insurance company’s role as a fiduciary for its insured under the terms of the insurance contract to handle and process claims.
Pennsylvania law has established a statutory remedy when the court concludes that an insurer has acted in bad faith. To prove an insurance company has acted in bad faith, you must present clear and convincing evidence that your insurer did not have a reasonable basis for denying benefits under the statute and the insurer knew of or recklessly disregarded its lack of a reasonable basis.
What Is a Bad Faith Insurance Claim?
Bad faith insurance refers to an insurance company’s refusal to fulfill its obligations to policyholders by avoiding payment or investigation of valid claims submitted by the policyholder. As a policyholder, you have the legal right to file a lawsuit against your insurance company if it has not dealt with your claim fairly and employed bad faith tactics.
Pennsylvania lawmakers enacted the bad faith insurance statute to remedy situations in which insurance companies have not dealt fairly with their insureds. A bad-faith insurance claim can help show that the insurance company acted in its own self-interest or with ill will when handling a claim.
Bad-faith claims are complex legal claims. If you believe you’ve been treated unfairly by your insurance company, contact an experienced attorney for a free case evaluation. A bad-faith insurance attorney can investigate your claim and protect your rights. Our attorneys represent individuals with valid claims who’ve been unfairly denied coverage due to bad faith practices.
Common Examples of Insurance Bad Faith
Bad faith insurance is the unreasonable denial or delayed payment of valid claims. Examples of common forms of bad faith insurance practices include the following:
- No investigations after receipt of a claim
- Denying claims without conducting an investigation
- Shoddy investigations
- Failing to conduct a full, fair, and prompt investigation
- Misrepresenting terms of an insurance policy
- Pointing to terms in an insurance policy that don’t exist to validate a denial
- Shoddy claims-handling
- Engaging in improper settlement tactics
- Failing to explain decisions regarding denial
- Failing to obtain evidence related to a loss
- Ignoring evidence that favors the insured or a higher settlement amount
- Failing to communicate with the claimant
- Failing to offer a fair and reasonable settlement
- Prioritizing the interests of the insurance company over the insured’s
- Refusing to pay benefits owed under the insurance policy
Warning Signs of Insurance Bad Faith
Here are some indications that your insurance company may be engaging in bad-faith insurance tactics:
- Your insurance company has not confirmed it received your claim.
- The insurance adjuster denies your claim without conducting a dutiful investigation.
- The insurance adjuster doesn’t respond to your letters, emails, or phone calls.
- The insurance adjuster fails to provide you with a copy of your policy upon your request.
- The insurance adjuster requests the same information over and over again or requests irrelevant information that is not necessary to process your claim.
- The insurance adjuster ignores your requests.
- There are unreasonable delays in the processing of your claim.
- The insurance company sends a denial letter with no explanation of why your claim was denied or a blanket denial letter that contains no specific details about your case.
- The insurance company refuses to pay any benefits on your claim.
- The insurance company offers a lowball settlement offer that does not even cover your economic damages.
- The insurance adjuster uses threatening or intimidating language, such as saying it will report you for fraud.
Types of Damages Recoverable from a Bad Faith Insurance Claim
The Pennsylvania bad faith statute provides the right to recover the following damages through this type of legal claim:
- Interest on the amount of the claim from the date the claim was made at the prime rate plus 3%
- Court costs and attorney’s fees
- Punitive damages
Additionally, claimants may have the right to recover consequential damages arising from the bad-faith handling of their insurance claim. For example, if they were involved in a car accident covered under their insurance policy, they may be able to have their vehicle repairs paid for that the insurance company wrongfully denied, as well as other losses covered under the policy.
Evidence of Bad Faith Insurance
To prove bad faith insurance, you must present clear and convincing evidence, which is a higher burden of proof than the preponderance of the evidence standard in most civil cases. To this end, compelling evidence may include the following:
- Your insurance policy
- Letters and emails to the insurance company
- A log of your interactions with the insurance company, including the dates you contacted it, what was said, the information you provided, and the response
- Phone records
- Receipts for expenses related to your losses
- Written requests for a supervisor to review the claim
- Photos and estimates regarding the damage
- Recorded phone calls with the insurance company
An attorney can help you gather the evidence you need to prove your claim.
Filing a Bad Faith Insurance Claim
There are several steps to filing a bad faith insurance claim, including the following:
- Reviewing your insurance contract for coverage
- Discussing your situation with an experienced bad-faith insurance lawyer
- Making a final demand by sending a written letter to the insurance company for the compensation you believe you are owed under the terms of your policy
- Filing a formal complaint to the Department of Insurance, pointing to specific policy violations or bad-faith contact
- Filing a bad-faith insurance lawsuit and serving the insurance company’s representative with the complaint
An experienced attorney from our personal injury law firm can assist you through this entire process.
Contact Cousin Benny Personal Injury for Legal Assistance
If you believe that your insurance company is acting in bad faith or is acting unreasonably in investigating, handling, or paying your insurance claim, you should consult with an experienced personal injury lawyer. The legal team at Cousin Benny Personal Injury can explain if you have a viable bad faith insurance claim against your insurance company. Contact us today to get started with a free case evaluation.