Insurance Bad Faith in San Diego
Fierce Advocacy for San Diego Injury Victims
You make payments to your insurance company every month in the good faith understanding that, should the worst occur, the company will come through for you. Unfortunately, this is all too often not the case. If the insurance company does not uphold its end of the contract with an insurer, this is a serious matter. You have rights, and at The McClellan Law Firm, we want to make sure that those rights are upheld.
“Good faith” is not just an expression of ethics. Good faith is a legal requirement that your insurance company will enact their end of a contractual agreement, in an honest and timely manner. When a company acts in bad faith, you have the right to hold them legally responsible for their actions and hold them accountable to your agreement. When it comes to insurance, you have legal recourse when you have been treated fraudulently.
The McClellan Law Firm is here to uphold your rights—contact us for a free case consultation.
Are You Dealing With an Insurance Dispute?
Bad faith insurance refers to the unethical or illegal practices employed by insurance companies to deny, delay, or underpay legitimate claims made by policyholders. These practices violate the implied covenant of good faith and fair dealing inherent in insurance contracts, which requires insurers to act in the best interests of their policyholders.
Most insurance companies are required to begin thoroughly and competently investigating and responding to all claims within a timely manner, typically 15 days. In addition, they have 15 days to inform you if there is a problem with your benefits, or if there is any reason they would not be able to fulfill your policy.
If your insurance company has done the following, you may be entitled to a bad faith claim:
- Poor investigation of your claim: Insurers may fail to conduct a thorough and fair investigation into the details of a claim, leading to unjust denial or underpayment.
- Intentional dishonesty: This includes lying about policy coverage, misrepresenting facts, or deliberately misleading policyholders to avoid paying valid claims.
- Delaying investigation of your claim: Insurers may intentionally prolong the claims investigation process, causing undue stress and financial strain on policyholders.
- Postponing payment without warning: Insurers may arbitrarily delay payment of a claim without providing a valid reason or adequate notice to the policyholder.
- Denying your claim without justification: Insurers may deny legitimate claims without valid reasons or proper investigation, often leaving policyholders without the coverage they are entitled to under their policy.
- Altering your policy without your consent or knowledge: Insurers may make unauthorized changes to a policy, such as reducing coverage or increasing deductibles, without informing the policyholder, leading to unexpected gaps in coverage or higher costs.
- Lowballing settlements: Insurers may offer unreasonably low settlement amounts to policyholders in an attempt to minimize their financial liability, even when the claim is valid and the damages are clear.
- Retaliation against policyholders: Some insurers may retaliate against policyholders who file claims by raising their premiums, canceling their policies, or engaging in other punitive actions.
How a Lawyer Can Help
An experienced attorney can play a crucial role in helping individuals deal with bad faith insurance practices by advocating for their rights and pursuing appropriate legal remedies. Here's how a lawyer can assist:
- Legal expertise: Lawyers specializing in insurance law are well-versed in the complexities of insurance policies, regulations, and contractual obligations. They can assess the details of your case to determine if bad faith practices have occurred and advise you on the best course of action.
- Evaluation of your claim: An attorney can review your insurance policy, the circumstances surrounding your claim, and the insurer's actions to determine if there are grounds for a bad faith claim. They can identify any violations of the implied covenant of good faith and fair dealing.
- Negotiation with the insurer: Lawyers can engage in negotiations with the insurance company on your behalf. They can present evidence, demand fair treatment, and negotiate for a fair settlement of your claim. Having legal representation often increases the likelihood of reaching a satisfactory resolution.
- Filing a lawsuit: If negotiations fail to produce a satisfactory outcome, an attorney can file a lawsuit against the insurer for bad faith practices. They will handle all legal proceedings, including preparing legal documents, conducting discovery, and representing you in court.
- Seeking damages: In a bad faith insurance lawsuit, your lawyer can pursue various forms of compensation on your behalf, including the original amount of the claim, punitive damages, attorney's fees, and any other losses incurred due to the insurer's misconduct.
- Navigating legal procedures: Dealing with insurance companies and the legal system can be daunting for individuals without legal experience. An attorney can guide you through the process, ensure that deadlines are met, and protect your rights at every stage of the proceedings.
- Providing peace of mind: Having a knowledgeable and experienced advocate by your side can provide peace of mind during what can be a stressful and frustrating experience. Your lawyer will handle the legal aspects of your case, allowing you to focus on other matters.
We are passionate about fighting for our clients and ensuring that the injury victims we represent receive the benefits they deserve. Additionally, if you lost a loved one and you are being denied his or her life insurance benefits, we are ready to fight aggressively on your behalf. Our firm has a case record that includes over 140 $1 million-dollar results—call us to see how we may be able to help your situation.
More Than 140 Cases with Million-Dollar Results
The McClellan Law Firm is highly experienced in a variety of complex issues. Our commitment to our clients has earned us a number of prestigious awards. Lead Attorney Craig McClellan has been voted for inclusion in the San Diego Super Lawyers® list for 10 years in a row, and he is the only San Diego attorney to ever be inducted into the Inner Circle of Advocates, a prestigious group made up of the top 100 plaintiff lawyers in the country.
At The McClellan Law Firm, we understand the challenges of your case and we know how to protect your interests. Our San Diego lawyers know how to tell if an insurance company is operating in bad faith.
Call our San Diego law office today for a no-cost, no-obligation case consultation over the phone.