In every contract or agreement, including insurance policies, there is an implied promise of good faith and fair dealing. The implied promise means that each party will not do anything to unfairly interfere with right of any other party to receive the benefits of the contract. Good faith means honesty of purpose without any intention to mislead or to take unfair advantage of another. In short, it means being faithful to one’s duty or obligation. So, what do you do when you believe your insurance company is not acting in good faith? You sue the bastards!
In order to recover against an insurance company for bad faith, you need to establish that: you and the insurance company entered into a contract (usually the insurance policy); that you did all or substantially all of the things that the policy required you to do or was excused from doing so; all conditions required for the insurance company’s performance had occurred or were excused; that the insurance company prevented you from receiving the benefits under the policy; that by preventing those benefits, the insurance company did not act fairly and in good faith; and that you were harmed by the insurance company’s conduct.
In California, bad faith insurance practices are so common, the California Department of Insurance implemented the Fair Claims Settlement Practices Act to protect consumers from unsavory insurance claim practices.
Sue the Bastards!
If your insurance company is giving you a hard time with your insurance claim or has denied coverage for your loss, do not proceed without first consulting with me. I can help you.