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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.

  • Endorced by the Inner Circle of Advocates

    Craig McClellan is a member of the Inner Circle of Advocates, an invitation-only group of the top 100 plaintiff trial lawyers in the United States.

  • Best Lawyers in America 2020

    Craig McClellan has been selected to the list of The Best Lawyers in America every year since 1993.

  • The firm earned a Tier 1 ranking in Personal Injury in the 2023 list of the Best Law Firms.

  • Best Lawers "Best Law Firms" - Personal Injury Litigation Plaintifs Tier 1, 2016

    The firm earned a Tier 1 ranking in Personal Injury in the 2022 list of the Best Law Firms.

  • Best Lawyers "Best Law Firms" - Commercial Litigation Tier 1, 2016

    The firm earned a Tier 1 ranking in Commercial Litigation in the 2022 list of the Best Law Firms.

  • Best Lawyers "Best Law Firms" - Product Liability Tier 1, 2016

    The firm earned a Tier 1 ranking in Product Liability in the 2022 list of the Best Law Firms.

  • Craig McClellan earned one of the top 10 medical malpractice settlements in California, securing a $9,000,000 settlement for a client.

  • Top 10 Settlements

    Craig McClellan & Conor Hulburt earned one of the top 10 premises liability settlements in California, securing a $3,175,850 settlement for a client.

  • Craig McClellan selected to Super Lawyers list, Top 10 San Diego Attorneys

    Craig McClellan has been selected to the list of Super Lawyers every year since 2007, and earned the most votes of ANY lawyer for 2019 in San Diego.

  • Craig McClellan was voted Lawyer of the Year for Product Liability Litigation by Best Lawyers for 2019.

  • 2020 AV Preeminent Peer Rated

    Attorney McClellan earned a Distinguished rating from Martindale-Hubbell for his achievements.

  • America's Top 100 Personal Injury Attorneys

    Craig McClellan is listed as one of America’s Top 100 High Stakes Litigators in Business Litigation, Personal Injury, and Product Liability.

  • Craig McClellan is rated 10.0 on Avvo - Top rated Personal Injury Lawyer

    Attorney McClellan has a 10/10 “Superb” rating, the highest rating an attorney can receive from Avvo.

  • BBB Accredited Business

    The firm has an A+ rating from the Better Business Bureau, the highest possible rating offered by the organization.

  • Consumer Attorneys of San Diego

    Attorney McClellan is a member of the Consumer Attorneys of San Diego, and previously served on its Board of Directors.

  • Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

    Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

  • Attorney Craig McClellan named “Best Lawyers” by San Diego Metro.

    Attorney Craig McClellan was named one of the “Best Lawyers” by San Diego Metro.

  • Attorney Craig McClellan named Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

    Attorney Craig McClellan was named one of the Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

  • Craig McClellan has been named among the Lawdragon 500 Leading Plaintiff Consumer Lawyers, which honors the nation’s top advocates.

Trusted Recommendations

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  • We wouldn’t be here, in this moment of life without the kindness and professionalism of you all and how you went to bat for us! Eternally grateful! A.K.

  • Immediately after our interview we knew without question that no matter how steep the mountain, win or lose, we had found the right person—Craig McClellan, Esq.—[…] We felt a profound sense of ... G.P.

  • We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL. K.V.

  • I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing ... Juror

  • I thank you for your kindness and generosity in giving selflessly without reserve. Additionally, please extend my thanks to your staff for their diligent work and encouragement throughout the trial. A.D.

  • We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives. S.C.

  • Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors ...

  • It was a real honor to preside over a case with you as counsel. In my mind you represent all that is good in our profession. Judge J.

  • Your appearance on the nation-wide broadcast of ‘60 Minutes’ was a public service in which all San Diego has reason to take great pride. To integrity—you have added public service and again elevated ... Juror

  • We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant ... S.P.

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