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Insurance Bad Faith

Columbia, SC Insurance Bad Faith Attorneys

In some cases, an insurance company may deny coverage in what is called “bad faith.” Bad faith is when the insurance company denies that coverage without a reasonable basis for the denial. If an insurance company denies a claim due to a mistake or error, it is not considered bad faith if there is a reasonable basis for having made the mistake. It is your insurance company’s legal obligation to act in good faith. Laws protecting individuals against bad faith insurance practices are found in the state insurance codes and regulation. If you have been unfairly denied a claim by your insurance company, a Columbia, SC insurance bad faith attorney can help. We can help you recover damages.

While the type of bad faith cases varies from state to state, the main point that needs to be made in a bad faith case is that the claim investigation was careless. A careless investigation makes a bad faith claim easier to prove than a thoroughly investigated case where something could have been more of an innocent mistake by those investigating the claim.

Bad Faith Tactics

  • Denying coverage of insured without investing the claim
  • Refusing to investigate the claim
  • Refusing negotiation after a legitimate claim has been filed
  • Improperly citing laws to minimize or deny a claim
  • Falsely using improper medical or legal terminology to deny or minimize a claim
  • Failing to pay or deny a claim in a reasonable period of time
  • Failing to provide a written explanation for denying a claim

What damages are available in an insurance bad faith case?

  • Payout of initial claim
  • Consequential damages – predictable consequences of having the claim denied
  • Emotional distress damages
  • Punitive damages

Contact Bernstein and Bernstein for experienced representation if you have been denied a claim by your insurance company or have been in negotiations with your insurance company and you believe they are acting in bad faith. A knowledgeable attorney can help you recover damages caused by the denial and answer any questions you may have. We are here to help you pursue your case against the insurance company.