Imagine facing a devastating accident or property damage, only to have your insurance company deny your claim or offer a settlement far below what's necessary. This frustrating situation can be a sign of bad faith by the insurer, a legal concept that protects policyholders from unfair insurance practices.
Unreasonable delays in investigations or settlements — If your insurer takes an unreasonably long time to investigate your claim or drags out negotiations for a fair settlement, it could be considered bad faith.
Denials of valid claims without proper justification — Insurers have the right to deny claims, but only if they have a legitimate reason based on the policy language and the facts of your case. A baseless denial might be a sign of bad faith.
Failure to properly investigate a claim — A thorough investigation is needed for a fair assessment. If your insurer doesn't adequately investigate your claim before denying it, this could be considered bad faith.
Offering a settlement amount that is unreasonably low — If the insurer's settlement offer is so low it doesn't even come close to covering your losses, it could be evidence of bad faith.
CUIPA subjects violators to regulatory sanctions. While the act doesn't grant policyholders the right to sue directly for violations, its provisions frequently appear as evidence in bad faith lawsuits.
Several causes of action can be pursued in a lawsuit against an insurance company for bad faith. These include:
Breach of contract — An insurance policy is a legally binding contract. If the insurer fails to uphold its obligations under the contract by denying or undervaluing a valid claim, you may have a breach of contract claim.
Breach of the implied covenant of good faith and fair dealing — This legal concept requires both parties in a contract to act in good faith. An insurer that intentionally or recklessly fails to process or settle your claim fairly could be liable for this tort.
Negligent infliction of emotional distress — The emotional toll of dealing with an unfair insurance company can be significant. If the insurer's actions cause you emotional distress, you may be able to recover compensation for this under certain circumstances.
Taking legal action in response to insurer bad faith can be complex. An experienced litigation attorney can help you understand your rights, evaluate your case, and determine the best course of action.
If you believe an automobile or home insurer in Connecticut is acting in bad faith, the lawyers of Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven can help. Call us at 203-745-0942 or contact us online anytime. We'll fight to ensure you receive the fair treatment you deserve from your insurance company.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
Attorney Advertising. This website is designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the formation of a lawyer/client
relationship.
[ Site Map ]