The Bad Faith Update is ongoing analysis from the trial lawyers at Presley & Presley — written for plaintiff attorneys navigating insurance bad faith from reservation of rights traps to excess exposure strategy.
Insurance bad faith is the ultimate betrayal; an individual is already dealing with a tragic accident or serious injury, and then the entities that are contractually responsible for protecting people in such times fraudulently deny that support. Any time an insurance company fails to fulfill its obligations to policyholders in a just and reasonable manner for a legitimate claim, that insurer can face legal action by the policyholder.
Insurance bad faith claims can be complicated and challenging. Insurance companies are there to turn a profit and will sometimes take things too far to protect their bottom line at the expense of someone who is dealing with a personal catastrophe. They have extensive financial resources and attorneys on their payroll specifically to defend themselves—and their profits—against anyone seeking legal recourse and accusing them of bad faith. That is where Presley & Presley comes in. We have a nationwide reputation and experienced, expert legal knowledge for successfully handling even the biggest insurance company. An insurance bad faith lawyer on our team is a steadfast advocate on behalf of our clients, and insurers tend to avoid facing us in the courtroom.
Presley Presley Trial Attorneys is a small but powerful, award-winning law firm based in Kansas City, MO., serving clients nationwide. Our mission is to help people and give them a voice so they can be heard after experiencing insurance bad faith, a catastrophic injury, or the loss of a loved one because of someone else’s negligence. We are passionate about aligning with referring attorneys and individual clients alike who are in need of our resources, vast legal knowledge, and decades of experience in getting justice. Your battle is our battle, and when you have a seasoned lawyer from our firm in your corner, we forge a formidable front that secures the victories our clients deserve. Additionally, we use our wins to drive meaningful change to make communities and individuals safer, hoping that others will not have to experience what has happened to our clients. We regularly stand up to large corporate insurance companies and make them think twice about failing to keep faith with the public.
There are three main reasons why people typically purchase insurance policies:
Should a tragic and costly event occur, having insurance is supposed to protect one against unexpected expenses. We all enter this basic agreement with insurers when purchasing a policy. Failing to uphold the responsibilities of a contractual service that has been paid for and is now needed is more than breaking faith; it is illegal because it causes so much additional damage on top of whatever tragic circumstances they are already faced with. That is why an insurance bad faith attorney with Presley & Presley is passionate about helping people seek recourse against insurance companies trying to get away with unconscionable acts to protect profits.
Although auto insurers are often the worst offenders, bad faith can occur with any type of insurance policy, from homeowners’ and renters’ policies to health and life insurance. Whether the insurer is a for-profit or non-profit company, any failure to provide the protections that the insurance company is under contract to supply when a valid claim is made is bad faith. When such a situation arises, your best chance for recourse is to file a lawsuit with the help of Presley & Presley.
Though insurers tend to put their own interests first when it comes to paying claims, they are, in fact, contractually bound to act in the best interests of the policyholder. This includes instances when a claim is brought against a policyholder by a third party. When facing claims from a third party, it is illegal for insurers to:
These types of negligent actions on behalf of insurers could result in the policyholder facing an expensive lawsuit, demands for damages, and financial disaster. When an insurer has agreed to cover certain damages, they should never refuse responsibility and pass that burden on to you.
Similarly, these tactics to deny a payout to a policyholder making a valid claim against their own insurance under a policy for protection against an uninsured or uninsured motorist, for instance, is also insurance bad faith. Refusal to provide payment contractually owed is illegal. Insurers cannot deny a claim without solid evidence to support their decision, nor can they refuse to investigate a third-party or policyholder claim in an attempt to avoid their obligation to pay.
Dealing with an insurance claim in the first place can be confusing and frustrating. When that insurance company commits an injustice by trying to ignore a valid claim, they are essentially trying to shamelessly take advantage of someone in trouble. If you have grounds for a bad faith claim against your insurance, then contact our Kansas City offices now to arrange a time to speak with a lawyer who can go over your options and put an end to dishonest tactics by an insurance company to deny your claim.