Bad Faith Insurance Defense Strategies
Rancho Santa Fe Bad Faith Insurance Attorneys
Insurance companies face a lot of scrutiny from consumers and legal professionals. While many will avoid legal recourse whenever possible, they are still prepared to fight claims against them when necessary. Our Rancho Santa Fe bad faith insurance lawyers have witnessed a lot of the defense strategies used by insurance providers and have listed some of the more common ones below.
Accident Not Covered by Insured's Policy
The terms of an insurance contract can be vague. Sometimes companies will claim that your particular accident is not covered under by the policy, even if you believe it is. If for example, your loved one has life insurance that covers death in the event of a car accident, but an autopsy revealed that a heart attack occurred right before the accident, the insurance provider may claim that negates their responsibility to cover the incident.
Bad Faith by the Insured
This argument states that the insured was not cooperative during an investigation of a claim. If the insured commits any wrongful action during the investigation, such as lying to the claims adjuster, then the bad faith claim may be validated by the court.
Bad faith on behalf of the insured is open to interpretation. It is not uncommon for an individual to forget the value of their damaged property and provide misinformation by accident. Likewise, it is not unusual for someone to feel irritated after an accident and be abrasive with the insurance agents, which they may later try to claim was you being uncooperative. Make sure you have an attorney telling your side of the story to a court.
Failure to Mitigate Damages
If property was damaged, and the insured allowed the damage to continue believing insurance will cover it all, the insurance company may deny a claim on the grounds that the insured acted irresponsibly. The intent of this defense is to prevent fraud, but it is all too often used against people with legitimate claims. The insurance provider will have to provide solid proof that the insured did not do all in their power to stop damage from occurring.
Statute of Limitations
There is a set amount of time after an accident that the insured may submit a claim. If the deadline is extended, the insurance company will deny the claim. The best strategy to counter this defense is to demonstrate to a court that the deadline was not made clear to the insured, or point out that extenuating circumstances made it impossible to file a claim within the window.
Election of Remedies
Many victims of bad faith insurance file for breach of contract as well as bad faith. Insurers will sometimes try to claim that by filing for breach of contract, the insured as elected their remedy to damages and should not be allowed to sue for both. Generally, courts allow the insured to proceed with both, but it is wise to consult with an attorney before filing just in case.
Have Legal Counsel Ready to Fight These Defenses
At LiMandri & Jonna LLP, we have handled numerous insurance dispute cases and have had to work around these defense strategies on several occasions. Our Rancho Santa Fe bad faith insurance attorneys aggressively fight for clients' rights.
Call (858) 247-3828 and back your bad insurance claim with a highly esteemed