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Insurance bad faith is a specific type of claim
often resulting from the unreasonable denial of, failure to timely
investigate, or delay in payment of an insurance claim. Insurance
companies can be subject to liability for many other unreasonable
acts or failure to act that impact upon their insureds who are
looking for peace of mind when submitting an insurance claim. Even
if an insurance carrier eventually pays a claim, this will not
relieve it from liability if it had already committed bad faith. An
insurance company can also be held liable for unreasonably refusing
to settle a third party claim against its own insured. Liability in
all of these instances arises out of the duty of good faith and fair
dealing that springs from the insurance contract itself.
Interpretation of, and
understanding of, insurance language and contracts is often a
difficult process that frequently requires the assistance of experts
in the field. Many insurance provisions seem confusing and
conflicting to the average reader. They often are such to judges and
lawyers alike. Therefore, skillful interpretation of insurance
contracts and procedures is necessary for a favorable outcome.
Damages in a bad faith claim can
include damages for breach of contract, the unpaid benefits of the
policy, monetary loss or damage to credit reputation, emotional
distress, humiliation, inconvenience and anxiety. These damages can
include damages already suffered, as well as those reasonably
probable to be experienced in the future. In certain instances,
punitive damages may be awarded in an attempt to punish the
insurance company.
Mr. Page has helped many clients enforce their rights
against their own insurance company that dealt with them unfairly
and unreasonably. If you believe that you are a victim of insurance
bad faith, then please feel free to contract the Law Office of James
R. Page, P.C. for a free consultation concerning your problem.
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