Our California insurance bad faith lawyers have found all too often that the insured may blame himself for not thinking of the toe infection and hospital visit years ago and his failure to include it on his insurance application or for his failure to read clearly the ambiguous fine print of the policy exclusions, or he may not know that he has a viable action against the insurer.
Insurance bad faith attorneys litigate cases against insurance companies when the insurer wrongfully denies a claim or seeks to rescind and insurance policy or coverage under the policy. The first type of insurer bad faith that our California insurance lawyers will discuss was publicized perhaps most pervasively in recent years in connection with the debate on health care reform, although the same type of callous insurance industry tactics to reduce insurer liability by wrongful denial of claims and rescission of insurance policies certainly cut across every type of insurance from homeowners insurance, involving bad faith refusals to pay covered losses for fires, floods and earthquakes, life insurance, disability and even business loss insurance claims.
Many poignant testimonials were discussed in the health care debate in which the health insurance industry’s strategies to increase profits by denying covered medical insurance claims or by rescinding the health insurance policies where it appeared that the insured was seriously ill or would require long term treatment. It had become a cost/benefit analysis for the insurance companies, and where the policy holder became seriously ill so that the cost of paying the insured’s claims substantially exceeded the monthly payments expected from the insured, the insurance companies had internal policies to deny the claims and rescind the policies. One common insurance company tactic that has been common knowledge to our California insurance bad faith lawyers, and which came out in the health insurance debate, was If the claimant was seriously ill, the insurance companies would have teams of employees who would look back to the original insurance application and then conduct investigations into the claimants life medical history to find the most insignificant and often totally unrelated omission in an answer to a application question to “justify” the rescission of the insurance contract. A claimant may have contracted cancer, but the insurance company will assert that the insured “failed to disclose” that he or she had gone to a hospital years ago for a toe infection and on that basis refuse to pay the claimant’s substantial medical expense for the cancer treatment.
All too often, even though the insured may have long forgotten the minor hospital visit years ago, he or she would accept the insurer’s explanation for the rescission of the policy or the insurer’s refusal to pay the claim with the effect that the insureds would often be required to drain their bank accounts and retirement accounts, the college funds that they had set aside for their children, lose their homes and go bankrupt to pay the medical expenses. And as our California bad faith attorneys have seen time and time again, the same would be the case where a fire or flood or earthquake has severely damaged the insured’s home, or where an insurer wrongfully denies covered business losses, and the same bad faith practices extend throughout the insurance industry. The insurance companies have a panoply of excuses for their refusals to pay claims and to rescind insurance contracts, from contentions that the expense or loss is not covered by the insurance contract to claims that coverage is excluded by the terms of the policy.
Our California insurance bad faith lawyers have found all too often that the insured may blame himself for not thinking of the toe infection and hospital visit years ago and his failure to include it on his insurance application or for his failure to read clearly the ambiguous fine print of the policy exclusions, or he may not know that he has a viable action against the insurer, or may fear asserting his rights against the powerful insurance company.
But that is the time when the insured would benefit most by obtaining the advice of an insurance bad faith attorney. Insurance policies are contracts, and any ambiguity in the contract will be resolved against the insurer, not against the insured. And inferred into every contract of insurance is a covenant of good faith and fair dealing, and the insurer may be held liable on the “tort” claim of bad faith. Insurance bad faith lawyers represent those who have had their claims wrongfully denied or their insurance contracts wrongfully rescinded. The clients can recover “compensatory damages” which would include, for example the medical expenses that the insurer refused to pay, including future medical expenses where the insurer has rescinded the contract, or for the losses caused by the fire or flood or other natural disaster. And where the insurance company is guilty of oppression, fraud or malice, the insured may also assert a claim for punitive damages – damages to punish and set an example of the insurance company for its bad faith – a claim for often well in excess of the amount of compensatory damages.
Insurance Bad Faith Attorneys Will Consider Representing Clients in Additional Actions Against Insurance Companies and Insurance Agents and Agencies.
The controversies that can arise between an insured and an insurance company are as varied as the types of insurance, and insurance bad faith lawyers will consider representing those who have suffered substantial losses in the broadest range of insurance disputes.
If you have obtained insurance, such as liability insurance, homeowners insurance or malpractice insurance, as examples, purchasing protection against lawsuits by others, and the insurance company refuses to provide a lawyer to defend you in the lawsuit or refuses to settle the claim within the policy limits or refuses to pay the judgment rendered against you at trial, you may have a valid claim against the insurance company. Liability policies impose two principle obligations upon the insurance company, the obligation to defend the insured and the obligation to indemnify him. The obligation to defend requires the insurance company to provide a competent legal defense to the lawsuit, and the obligation to indemnify requires the insurance company to pay the amount of the judgment obtained against you up to the insurance policy limits. The insurance company also has the obligation in good faith to settle case if a demand for settlement is made within the insurance company’s policy limits, and if the insurer refuses to settle the case within the policy limits, and a judgment after trial is obtained in excess of the policy limits, then the insurance company is required to pay the entire judgment even though it exceeds the policy limits.
Insurance bad faith lawyers will also consider actions against insurance brokers, agents and insurance agencies where they have either negligently failed in their duties in connection with obtaining the insurance you purchase. In some cases it may be discovered indeed that your agent has fraudulently misrepresented the terms or coverage of the policy. In such cases again you may be able to recover your compensatory damages, and where the agent’s conduct was fraudulent, you may also be able to obtain punitive damages often well in excess of your compensatory damages.
Our California insurance bad faith lawyers have found all too often that the insured may blame himself for not thinking of the toe infection and hospital visit years ago and his failure to include it on his insurance application or for his failure to read clearly the ambiguous fine print of the policy exclusions, or he may not know that he has a viable action against the insurer.
Ray Henke, Senior Pharmaceutical and Medical Fraud Trial Lawyer, the Henke Law Group. Mr. Henke has extensive experience both in pharmaceutical product liability litigation and in drug and medical fraud lawsuits.
