Insurance Bad Faith

As personal injury attorneys in Los Angeles and surrounding areas of California, we see all too often people who have been wronged by their own insurance companies. In the state, the type of insurance policy an individual has determines how the laws apply to bad faith litigation. Other than insurance offered by employers who provide employee benefits, insurance generally falls under state law. At The Justice Firm, our experience has proven that in many cases, insurance companies do not act with good faith as required. When these companies fail to treat those who have policies with their companies fairly, it is time to consult with a reputable Los Angeles insurance bad faith lawyer.

Like many other contracts, insurance policies are legally binding. When you, as a policy holder, pay your premiums on time month after month, you expect that the provider will cover the costs of replacement or repairs to your home, vehicle, or other property you have insured. Ultimately, your insurance company agrees to defend and indemnify you should an event that is covered in your policy occurs. However, many insurers do not honer the terms of the contract or policy; when this happens, you may have grounds to file an insurance bad faith claim.

The definition of bad faith is an "intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others." When your insurance company denies payment of benefits to which you are lawfully entitled according to the terms set forth in your policy, the next step you should take is to speak with an aggressive attorney who is effective both in and out of the courtroom. Cases involving insurance bad faith are considered "torts." This basically means that in addition to reimbursement for expenses incurred due to the denial of your claim by the insurance company including medical expenses and/or treatment and lost wages, you may be able to file a claim for damages as well.

Unlike state claims, insurance offered as an employee benefit is federal and falls under ERISA, or the Employee Retirement Income Security Act of 1974. If you are a California resident and file a claim with insurance provided by your employer, it is important to work with a lawyer who is experienced in these types of cases should you have issues with your claim including denial, under payment, etc.

In certain situations, a client may file a legitimate claim and find that his or her insurance policy has been rescinded, or cancelled, after the fact. Investigating an insured individual's application after a claim has been filed, or post claims underwriting, is illegal in the state of California. Large insurers are most likely to rescind or cancel insurance policies illegally, after a claim has been filed. When this happens, it is considered insurance bad faith. You may be entitled to damages if this has happened to you.

Unfortunately, insurance adjusters are trained to limit or deny claims; like other companies, insurance providers are often more interested in protecting their own profits than providing the support and service the customer is entitled to. Whether you have filed a legitimate claim with your insurance company, been denied coverage, or your insurance company has cancelled your policy retroactively, contact our Orange County insurance bad faith lawyer now. We are here to offer the guidance and support you need, and to litigate should it come necessary. Call 310-914-2444.