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How to Make a Claim for Insurance Bad Faith in California

When dealing with an insurance company, the state expects that they will act in good faith and fair dealing. If an insurance company does not act in this manner, then victims may be awarded punitive damages, which is additional payment to deter future violations. There are generally two main offenses for insurance bad faith, denial of benefits or delay in claim processing which can include the following:

  • Unreasonable payment delays
  • Unreasonable benefit denials
  • Failing to investigate claims in a timely manner
  • Attempting to settle much lower than the rightful claim amount

Conduct can range from simply being incorrect to intentional harm by the insurance company.

Levels of Conduct and Awarded Damages

  1. Incorrect Denial of Delay of Claim: this conduct is a breach of contract and claimants may usually only obtain the proper claim amount.
  2. Unreasonable Denial of Delay of Claim: this conduct is more clearly defined as insurance bad faith, since the insurance company is not meeting expectations and has no proper cause for its actions. Claimants may obtain the amount of the claim, all economic losses, emotional distress damages, and attorney fees.
  3. Malicious or Fraudulent Denial or Delay of Claim: any conduct that includes intent to cause harm to the claimant is treated much more seriously. Claimants may obtain the full amount of compensation, economic losses, emotional distress damages, attorney fees, and punitive damages.

Contact Duncan Law Firm, P.C.

If your claim has been denied, then please don't wait to get in touch with my firm, Duncan Law Firm, P.C.. As a Pleasanton insurance lawyer, I can provide tough litigation against large insurance companies. My goal is to level the playing field for victims who are unable to stand up to their insurance provider. I care about the future of every one of my clients and do everything I can to obtain a positive resolution on their behalf.

I can assist you with any type of claim you may be making, including insurance bad faith in car accidents, truck accidents, wrongful death, and more. Contact my firm by calling the office or submitting an online evaluation. I offer services on a contingency fee basis, which means that you don't have to pay anything unless you win! Discuss your situation with me today to receive counsel from an attorney with more than a decade of experience.