Insurance Bad Faith

Insurance companies legally have an “implied covenant of good faith and fair dealing” duty to their clients. If the insurance company fails to deal fairly with you or act in good faith, you may have grounds for a bad faith insurance lawsuit.

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Insurance companies are held to this high standard for a couple of important reasons:

  • If an insurance company denies, undervalues or delays a claim, the policyholder could be ruined financially
  • Insurance companies can bring deep pockets, teams of lawyers and extensive negotiating experience to bear against their policyholders, making disputes a very unfair fight

You may be dealing with a bad faith insurance case if:

  • The insurance company undervalued or denied your claim after failing to adequately investigate your property damage
  • The insurance company intentionally misinterpreted or inaccurately represented their own policy to minimize the cost of your claim
  • They took an unreasonable length of time to pay your claim
  • Your claim was denied but you weren’t given a satisfactory reason

Bad faith lawsuits can also be brought against an insurance company by defendants in personal injury cases. If the insurance company is obligated to defend a policyholder from a liability lawsuit and they fail to do so or don’t meet their duty to the policyholder, the policyholder may be able to file a bad faith insurance lawsuit against the insurance company.

A breach by the insurer of its contractual duty to act in good faith is an independent actionable wrong. When an insurance company acts in bad faith, the policyholder who has suffered damages at the hands of his or her insurance company may seek relief through a lawsuit. However, depending on the type of insurance, some statutory bad faith remedies provide the exclusive remedy. Despite some restrictions on recovery, litigation in the bad faith area continues and is likely to increase.

Our Georgia insurance bad faith attorneys at the Gillis Law Firm can help you navigate your legal issue with expertise and experience.

Contact us to discuss your case.