When policyholders faithfully pay their insurance premiums, they expect their insurance company to uphold its end of the bargain, especially during times of need. However, situations arise where insurance claims are unreasonably denied, leaving the insured feeling helpless and betrayed. When insurance companies deny claims for improper motives, victimized policyholders may have the basis of what is known as a “bad faith insurance lawsuit,” entitling them to recover monetary damages for the harm they have suffered along with other remedies to force accountability and compliance with the law. However, winning such a lawsuit requires a deep understanding of California insurance law, meticulous preparation, and strategic litigation.
Below we provide an outline of the basic framework behind bringing a successful bad faith insurance lawsuit. If your life, health, or disability insurance claim has been unfairly denied or if you have otherwise been mistreated by your insurance company, contact in Los Angeles to speak with a skilled and knowledgeable California insurance law attorney.
Identifying Bad Faith Insurance Practices
The first step in winning a bad faith insurance lawsuit is identifying and proving the insurance company’s bad faith practices. In California, these may include:
Unreasonable Claim Denial: When an insurer denies a claim without a valid reason.
Delay in Claim Processing: Excessive delays in handling claims can also be a sign of bad faith.
Inadequate Claim Investigation: Failing to conduct a thorough investigation or ignoring important evidence. This includes making decisions based on AI algorithms without reviewing the specific facts behind the policyholder’s individual claim.
Misrepresentation of Policy Terms: Misleading the policyholder about what their policy covers.
Gathering and Presenting Evidence
Evidence is paramount to winning a bad faith insurance lawsuit. It’s crucial to gather comprehensive documentation, which may include:
Communication Records: All correspondence with the insurance company, including emails, letters, and phone call records.
Policy Documents: The complete insurance policy along with any amendments and brochures.
Claim Submission and Denial Records: Documents related to the initial claim and the subsequent denial.
Expert Testimonies: Opinions from industry experts can provide insights into standard industry practices versus the insurer’s actions.
Legal Framework in California
Understanding California’s legal framework is essential in these cases. California law recognizes the covenant of good faith and fair dealing inherent in every insurance contract. This implies that insurance companies are obligated to act fairly and refrain from depriving the insured of the benefits of the policy. Demonstrating the insurer’s violation of this covenant is central to a successful bad faith claim.
A strategic approach to litigation is crucial. A lawsuit starts by filing a civil complaint in the appropriate state or federal court. The complaint should clearly articulate the facts of the case, the insurer’s bad faith actions and the damages sought. As litigation proceeds, parties enter into a discovery phase. Skillfully managing the discovery process can be critical to uncovering additional evidence in the hands of the other party which can help prove the claim. Before trial starts, there may be an opportunity to settle the case out of court. Skillful negotiation can lead to a favorable settlement that avoids the uncertainty of trial while achieving the goals set out in the complaint. In cases that go to trial, presenting a persuasive case to the judge or jury is vital. This requires meticulous preparation by skilled advocates who can deliver a compelling presentation in the courtroom.
In successful bad faith insurance lawsuits, plaintiffs may recover money damages including the amount originally owed under the policy as well as compensation for additional losses caused by the insurer’s bad faith actions. In cases of egregious conduct, punitive damages may be awarded to punish the insurer and deter similar conduct.
Partnering with the Right Legal Team Is Key to Winning a Bad Faith Insurance Lawsuit
Winning a bad faith insurance lawsuit in California is a complex process that requires expertise in state insurance laws, strategic litigation skills, and a thorough understanding of insurance practices. Gianelli & Morris, a law firm with a proven track record in representing victims of insurance bad faith in California, understands the intricacies of these cases. By providing personalized legal guidance and robust representation, we aim to ensure that policyholders receive the justice and compensation they deserve.
Remember, while this blog post offers an overview, each bad faith insurance case is unique. For personalized advice and representation, it’s essential to consult with a knowledgeable attorney who can navigate the specifics of your case. In California, call Gianelli & Morris in Los Angeles at 213-489-1600 for a free consultation to discuss your claim.
By Gianelli & Morris | Posted on February 7, 2024
