| Definition
Bad faith insurance is any matter concerning an insurance claim by an insured individual that is wrongfully denied by the insurance company. An insurance policy is considered a contract between you and your insurance carrier. This contract requires that your insurance company act in good faith toward you. When an insurance company unfairly denies the benefits of the policy from its insured policyholders, it is considered to be in bad faith.
There are numerous examples of how an insurance company can commit bad faith, including:
- Failing to promptly and methodically examine a claim
- Unjustly delaying payment
- Unreasonably refusing benefits to a claim
- Using unreasonable interpretations in translating policy language
- Refusing to settle the case or refund you for the entirety of your loss
Insurance bad faith constitutes not only breach of your insurance policy contract with the policyholder but also includes injuries personally sustained outside of the insurance contract. If such a violation exceeds that of being unreasonable and is established to be false, misleading, or fraudulent, a judgment can be attained and punitive damages honored exceeding damages for the loss under the policy as punishment for bad faith.
Bad faith insurance practices are also found in the HMOs and managed care organizations, homeowners insurance, and disability insurance arenas. Federal Trade Commission Act violations, such as engaging in deceptive or misleading sales, are often proven through bad faith litigation.
Resolution
Kabateck Brown Kellner attorneys help policyholders understand their insurance coverage and resolve disputes over insurance coverage, claims handling, fraud, rescission, and bad faith liability. KBK has represented thousands of policyholders against their insurance carriers and collected millions of dollars in awards and settlements in cases involving disputes over mold, water, fire and earthquake damage compensation, and personal injury claims.
You can be assured that KBK never represents insurance companies; our clients are policyholders who have disputes with their insurance carriers. Our contingency-fee practice is not limited to individuals; we often represent businesses. While the preferable option in a dispute is settlement, KBK attorneys have garnered a strong reputation for aggressively litigating bad faith, breach of contract, and declaratory relief actions in state and federal courts. We have successfully argued on behalf of our clients before the Ninth Circuit Federal Court of Appeal; the Federal Circuit Court of Appeal in Washington, D.C.; the California Courts of Appeal; and the California Supreme Court. Kabateck Brown Kellner is one of only a handful of law firms in the western United States recognized as an expert at representing policyholders. State government officials seek our help on important insurance legislative matters. Partner Brian Kabateck helped draft the Policy Holder Bill of Rights and developed legislation extending the statute of limitations in earthquake insurance claim cases stemming from insurance company abuse after the 1994 Northridge earthquake. He testifies before state legislature committees, writes articles, and speaks regularly to attorneys and the public on insurance coverage and claims issues. In addition to representing policyholders in first-party insurance claims for loss or damage (ie, life, disability, health, fire, theft, and casualty cases) and third-party insurance claims (failure to defend or indemnify the insured after being sued), KBK represents policyholders in specialized insurance matters including marine insurance, jewelers' block and inland marine insurance.
Bad Faith Cases
Click any of the links below to learn about a bad faith insurance case.
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