Orange County Insurance Bad Faith Lawyer – Serving California
There are times when you may be able to sue the insurance company for more than just the money that they should have paid you under the terms of your policy. Quincey Law can help you file a bad faith lawsuit against the insurance company when their conduct was well beyond the pale of what is acceptable.
The insurance company often uses questionable tactics to try to make your life harder and save themselves money. However, hardball tactics can cross a line at some point. The insurance company could end up directly liable to you, and the compensation could be significant.
Reach out to Quincey Law, an Orange County insurance bad faith law firm that serves all of California, to learn whether you can take on the insurance company directly in a lawsuit. You may have more power than you think in this situation.
Quincey Law is located at 34135 PCH, Ste 318 Dana Point, CA 92629 just a few blocks west of the intersection of Golden Lantern & PCH. Call insurance claim denial attorney Nicholas Quincey today at (949) 844-6630 or reach out by submitting a contact form to schedule a free consultation.
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“Nick fights hard for his clients. Guided by a strong moral compass, he provides fair and honest insight as to what is in your best interest. He is incredibly diligent, and a straight shooter. You feel like he is always in the trenches with you, and guiding you through tough times. I am so grateful to have worked with him on matters over the last few years. I cannot recommend him highly enough.”
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Insurance Companies Protect Their Own Interests Above All Else
Although you may be an insurance company customer, their financial interests often diverge from yours. When they are called upon to do what they promised, namely pay a claim, their own self-interest comes into play. They have the power to make determinations and make settlement offers, and they often misuse this to your detriment. As a policyholder, the law gives you certain protections and recourse against the insurance company when their business practices cross the line.
In California, policyholders have the right to sue their own insurance company for bad faith (it is very difficult to file a third-party bad faith claim, and you can only do it under limited circumstances). Typically, you would sue the insurance company when they blatantly violate the duties that they owe you under the terms of your policy. The insurance company must do more than just delay. There must be wrongful action that costs you money. Third parties can only sue an insurance company directly in very limited circumstances.
Handling Insurance Claim Denials Involving:
- Disability Insurance
- Health Insurance
- Homeowners Insurance
- Life Insurance
- Anthem Blue Cross
- Blue Shield of California
- New York Life
- UnitedHealthcare
Examples of Insurance Company Bad Faith
The way to properly understand an insurance policy is that it is a contract between you and the insurance company. Two parties to a contract owe each other certain duties, even if they are not explicitly written in the words of the agreement. Each party owes each other the duty to act in good faith. The inverse is when a party acts in bad faith. In the insurance context, bad faith can mean things like:
- Taking too long to respond to your claim
- Failure to adequately investigate your claim before responding to you
- Unreasonably denying your claim
- Delaying payment to you
- Failing to settle a claim against you when the insurance company had adequate opportunity, costing you money
- Misrepresenting the terms of your policy when they are dealing with you
California law also imposes good faith requirements on insurance companies under certain circumstances, giving you additional reasons to sue. California law actually cites many of the practices listed above as reasons why you may be able to sue for bad faith.
There is a fine line between normal insurance company business practices and what may be considered bad faith. Insurance companies like to delay your claim and generally make your life more difficult as negotiation tactics, but bad faith generally refers to actions that are even more extreme. Generally, parties to a contract are presumed to act in good faith unless you have specific evidence that proves otherwise.
Damages in a Bad Faith Lawsuit
A bad faith lawsuit is filed against the insurance company directly for the damages that they have caused you. Their conduct may have caused you losses, such as:
- Actual financial costs of your claim being denied (the consequential damages that you suffered because the insurance company did not pay when they should have)
- Emotional distress because of the egregious nature of the insurance company’s conduct
- Attorney’s fees
What really keeps insurance companies awake at night is the prospect that the jury could award you punitive damages, if their conduct was way beyond the pale. For example, in one of the prominent Supreme Court cases about punitive damages, a jury had initially awarded a plaintiff $145 million in punitive damages for State Farm’s bad faith in handling their claim. Punitive damages are what make bad faith awards large, yet insurance companies continuously walk the line when they are responding to your claim.
Contact Quincey Law Today – Serving California
If you are getting an unreasonable amount of red tape from the insurance company, contact Quincey Law today. Our insurance claim denial attorneys serve Orange County including Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Fullerton, Orange, Costa Mesa, Mission Viejo, Westminster and all throughout California. We can assess the situation and let you know whether you may even be able to sue the insurance company directly. You can schedule a free initial consultation by calling us today at (949) 844-6630.