Elements of a Bad Faith Claim

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Oct 27, 2022, 07:00 ET

"Most people are not sure about what their policy covers or how much their claim is worth because they think the insurer has their best interests at heart and they forget they are dealing with a business that is solely focused on profits," say Leverty & Associates Law

RENO, Nev., Oct. 27, 2022 /PRNewswire/ -- Insurance companies are powerful and autonomous. People pay their premiums to insurance companies to protect them when an unforeseen event occurs with the expectation the insurance company that has been pocketing all the money over the years will make them whole when they need it most. The insurance company then holds all the cards when a claim is made deciding whether the loss is covered and, if so, the amount of the loss. What can be done when that insurance company denies, delays and/or underpays the claim.

Understanding the regulations that apply to insurers and what constitutes bad the first step to winning a lawsuit to get made whole after a loss.

What Is Insurance Bad Faith?
Insurance bad faith is a scenario where an insurance company isn't holding up its end of the bargain. A policyholder can file a bad faith claim when the insurer refuses to pay for a legitimate claim or takes too long to investigate and process the claims.

Bad faith occurs when the insurer:

Falsifies documents to deny claims
Changes the rules for a policy's validity without notifying the insured
Tweaks the facts about what the policy covers
Misrepresents the coverages or insurance policy
Cancels a policy with the motive of avoiding paying claims.

If you have experienced all or any of these, you've been a victim of a bad faith insurance practice.

Proving You Are a Victim of Bad Faith
According to Attorney Gene Leverty, Founding Attorney of Leverty & Associates Law, proving an insurance company is wrong is crucial to establishing a successful claim. In his words, "Most people are not exactly sure what policy covers or the sure value of their claim. Instead, most people rely on their insurance company to tell them what is covered and how much of their loss is covered thinking the insurer has their best interests at heart. The problem is that insurance company have instituted a business model of increasing profits by wrongfully denying or underpaying claims."

What do you need to ensure a successful claim?

First, you must prove that you have a valid insurance claim. Go over your insurance policy and scrutinize the terms of validity of your claim. Contact your insurer if you have lost your copy. To prevent the insurer from altering the original document, make photocopies and keep them safe.

Second, document all contacts you have had with your insurer — the calls made and the representatives who took the calls.

Lastly, contact a Reno bad faith insurance lawyer who will help you represent you in negotiations with the insurer.

About Leverty & Associates Law

With over 80 years of cumulative experience in dealing with insurance companies and $150 million in settlements, the attorneys at Leverty & Associates Law are dedicated to catering to the needs of their clients. The firm offers free consultations and contingency fee agreements, ensuring that exceptional legal services are available to all clients, regardless of their ability to pay upfront.

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SOURCE Leverty & Associates Law