Millions of people trust in various insurance carriers to protect themselves and their valuable assets in the event of a disaster, accident or loss. According to the Insurance Information Institute, more than $1 trillion in net premiums was paid into U.S. insurance policies in 2017 alone. A substantial portion of that amount may have even come from your bank account. However, what happens when the insurance company refuses to offer the protection paid for by those premiums? That is when you should call an Arizona bad faith insurance lawyer without hesitation.
Attorney Nathaniel B. Preston at Warnock MacKinlay Law has years of experience dealing with bad faith insurance cases. With a 99%+ success rate for clients, you can rest assured that your case is in the hands of a lawyer who will do everything in their power to get you a favorable decision. Call (602)652-2009 today for a risk-free case review with an expert attorney.
What Exactly is a Bad Faith Claim?
The term “bad faith” may seem slightly confusing to you – especially if you have never been wronged by an insurance company in the past.
Regardless of the policy type, each general contract includes an implied or stated promise of “good faith and fair dealing.” Based on that provision, both parties – the insurer and the insured – must act fairly with “good faith” concerning the rules and regulations of the enforced contract.
You make your scheduled payments to your insurance carrier in “good faith” – trusting in their assurance that they will pay whenever you experience a loss. Sadly, a considerable number of people suffer through a “bad faith” experience when the insurance company refuses to provide the financial protection promised.
For instance, the insurance company may:
- Deny a claim that should have been approved
- Refuse to pay the full claim amount without justification
- Delay investigation or further research of claim to reach a final decision
- Delay payments of filed claims for an extensive period (perhaps even years)
When this happens to you, it may seem as if fighting against the insurance company is a lost cause. You may even ask, “How can I possibly change the mind of a multibillion-dollar insurance company?”
Chances are you have already tried to work with the insurance company to some extent – patiently waiting for them to reconsider while repeatedly making calls with the hope of reaching someone who could assist you. If that does not work, you may decide to make peace with it and try to piece your life together without the assistance of your paid policy.
Before you decide to hastily cut your losses, though, do yourself a favor and reach out to an Arizona bad faith insurance lawyer.
Why You Need a Bad Faith Insurance Lawyer
It may seem like you have an “open-shut” case when an insurance company denies your covered claim or delays your claim payment without a good reason. You have already done your part by paying your premiums on time as scheduled and addressing the various needs of your policy accordingly. However, to prove an act of bad faith, there are typically two main points that you must prove in court:
- There was not a reasonable basis for denial of benefits, and
- The insurer knew of its lack of reasonable grounds for denial but disregarded it.
To win your case, you must have convincing and clear evidence that proves both points referenced above without a doubt. That is where the expertise and insight of an Arizona bad faith insurance lawyer comes in handy.
Once you retain an Arizona bad faith insurance lawyer to handle your case, you can rest assured in knowing that your case is in good hands. Your lawyer will handle all correspondence with the insurance company and opposing counsel related to your case – relieving you of this mental and emotional burden. Just knowing you have legal representation on your side may change the tone of the conversation with your insurance company long before a courtroom appearance is required.
An ideal solution would be to reach a settlement agreement out of court that pleases all parties and provides you with the financial protection initially promised to you. If the road to reach that solution gets a little turbulent, your attorney will take the wheel and make sure you get to your desired destination.
What are the Damages Paid for Bad Faith Cases?
There is no set amount in damages paid for every bad faith case. Any Arizona bad faith insurance lawyer would tell you that each case is different. The circumstances and results of one bad faith insurance case may differ completely from another regardless of how similar they may seem in nature.
In most cases, compensatory damages are offered that would provide the same level of financial protection you would have received from an approved claim and timely payment. Depending on the circumstances of your case, you may also be entitled to punitive damages designed to punish the insurance company for its intentional misconduct.
Other types of damages that a claimant may receive include:
- Consequential damages caused by the denial of the initial claim
- Legal expenses and fees associated with your legal defense
To get a proper estimate of the value of your bad faith insurance case, it is highly recommended to trust in the guidance of an Arizona bad faith insurance lawyer.
It is true that the Internet provides a vast amount of resources, articles and other informative aids that could teach you about how bad faith cases work. However, no online resource can match the years of applied knowledge and acquired experience of a trained bad faith insurance attorney.
Schedule Your Free Consultation Today!
Our law firm will help you from start to finish when filing your bad faith insurance claim. First, we will help you to determine if you have a case or not by examining the details and circumstances surrounding your initial claim. We will dissect the terms, conditions, and exclusions of your insurance policy – working hard to make sure we leave no stone unturned. From there, we will work to establish communication with the insurance company on your behalf to reach an amicable solution that gives you and your family the justice you deserve.
To get started right away, contact our law firm today to schedule your free consultation. We will assign an attorney to your case who will walk you through this process step-by-step and recommend the best course of action for you to consider. Call Warnock MacKinlay today, we make insurance companies pay!