Insurance Bad Faith Lawyers in Montgomery County, PA
The majority of
insurance claims are honored by the insurance companies. Though compensation may not come
immediately, most insurers practice due diligence when evaluating claims
and paying compensation. While insurers have a genuine and legitimate
need to avoid wasteful spending, many insurers often do act in bad faith
while attempting to save money on each and every claim.
- Sometimes, insurers will deny meritorious claims in order to improve its
- Sometimes they will interpret policy language in a manner inconsistent
with the interests of the insured, and the intent of the coverage purchased
by the insured.
- On occasion a carrier may use outright fraud to conceal and withhold rightful
benefits that are due to the insured.
Laws have been established to protect policyholders and to force insurers
to pay the benefits due. Courts will, when warranted, award the victims
of insurance bad faith legal expenses and punitive damages.
If you think insurance benefits you've paid for are being unfairly
withheld by your insurance company, please
contact our lawyers for a free consultation. We have a special focus on helping consumers
with insurance claim disputes and can help you get your claim paid, including
all legal expenses and, perhaps, punitive damages.
How can I prove that my insurance company is acting in bad faith?
Bad faith is any frivolous or unfounded refusal to pay proceeds of a policy.
It is not necessary that the refusal to pay be fraudulent. However, the
conduct of the insurer must be shown to be more than mere negligence or
bad judgment. Although sometimes difficult to define in every case, our
Courts have approved the following summary of the law on insurer bad faith
to be read to a jury, by the trial judge, as an instruction on the law
of insurer bad faith:
Under the law, an insurance company must act with the utmost good faith
and fair dealing toward its insured, and treat the interests of its insured
at the same level that it treats its own interests. This heightened duty
arises because of the special relationship between an insurer and its
insured and the nature of the insurance contract.
An insurance company acts in bad faith if it:
- does not have a reasonable basis for what it does, and
- knows or recklessly disregards its lack of a reasonable basis.
Put another way, bad faith occurs if an insurer knowingly or recklessly
acts without a reasonable basis in handling an insured’s claim.
In order to truly decide if an insurance company acted in bad faith toward
you, take into account each action the company took, including any responses
to communications from you (the insured); its investigation of your claim;
and the way it handled negotiations for a settlement. If you find that
the defendant knowingly or recklessly acted without a reasonable basis,
your verdict must be for the plaintiff.
Contact Us for a Free Consultation!
Our insurance lawyers at Mayerson Injury Law, P.C. recognize that insurance
companies can act in bad faith in numerous ways. In almost any claim,
- medical bills,
- car repair bills,
- wage loss benefits,
- car rental coverage,
- or an injury claim,
the insurance company is attempting to pay as little as possible. For the
insurer, it would be far better to pay too little, than too much. It is
our job to make sure that doesn’t happen to you.
If you believe that you are a victim of an insurance company acting in
bad faith, the insurance lawyers at Mayerson Injury Law, P.C. are ready
to help. We have offices throughout the suburbs of Philadelphia, including
Pottstown, Douglassville, Boyertown, Limerick, Royersford, Collegeville,
Norristown, Valley Forge, West Chester, and Exton. You may contact Mayerson
Injury Law, P.C. for a free consultation today.