Bad Faith Insurance
When an
insurance company denies
or delays paying a
legitimate claim for no
reason it may be acting
in bad faith. In such
cases it may be liable
not only for the claim
itself but for punitive
damages.
California courts have
held that a special
relationship exists
between an insurance
company and its insured
which requires the
insurance company to act
in good faith toward its
insured.
In particular, this
means that the insurance
company is under an
obligation to pay when
it becomes reasonably
clear that a claim is
covered.
There are also
California statutes that
require an insurance
company to respond to a
claim within certain
time limits.
The following are some
examples of Bad Faith:
Failing to acknowledge
and act reasonably and
promptly upon notice of
a claim arising out of
an insurance policy.
Failing to adopt and
implement reasonable
standards for the prompt
investigation of claims.
Refusing to pay claims
without conducting a
reasonable
investigation.
Failing to confirm or
deny coverage of claims
within a reasonable time
after proof of loss
statement has been
completed.
Not attempting in good
faith to effectuate fair
and equitable
settlements of claims in
which liability has
become reasonably clear.
Compelling insureds to
institute litigation to
recover amounts due
under an insurance
policy by offering
substantially less than
the amount ultimately
recovered in actions
brought by such insureds.
Failing to promptly
settle claims where
liability has become
reasonably clear under
one portion of the
insurance policy
coverage in order to
influence settlements
under other portions of
the insurance policy
coverage.
Failing to promptly
provide a reasonable
explanation of the basis
in the insurance policy
for denial of a claim.
Personal Injuries
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