Why Hire an Insurance Lawyer

How to Find an Insurance “Bad Faith” Lawyer 


When you get an insurance policy, you are ensured that claims will be given according to its terms. However, sometimes an insurance company limits or denies your claim to compensation and this is illegal. So would you know if you should get an insurance “bad faith” lawyer? What is the purpose of hiring a lawyer when you have a bad faith in insurance? These questions are very important when you are in the middle of claiming your companesation in your insurance policies, you may never know the policy that you have paid every month might not be claimed when needs arises. Before jumping into conclusion that your rights have been neglected, you need to know if your insurance company has acted in bad faith. So before filing a claim, you should contact an insurance lawyer first to know about your rights and protect it.

Read more about  how to find an insurance Lawyer 


Bad Faith Attorney

Bad faith is a legal concept under which allows an individual to claim compensation if an insurance company limits or denies coverage without proper notification or justification. Bad faith violates a patient’s rights and is considered illegal. The law will not allow an insurance company to enter into an agreement without the intention of fufilling it.

Determining whether an insurance company has acted in bad faith is a complex matter, however. So before filing a claim, one should always contact insurance bad faith attorneys to make sure that the lawsuit you are filing is justified.

There are a few basic rules that an insurance company should follow. If not, the insured can seek compensation.

A company should not engage in determined undervaluation of a claim

A company should not delay the payment of benefits

A company should not avoid coverage and deny a claim for profit

If in a lawsuit, bad faith is claimed and proved then damages and attorney’s fees will be awarded to the plaintiff.

Bad Faith Attorney


Finding An Insurance Lawyer

You may already have a list of prospective lawyers. Before you go any further, take a few more minutes to make sure that you are looking for the right kind of lawyer. There are all kinds of lawyers who practice in the insurance area. As some general guidelines, keep in mind the following:

If you’re fighting with your own carrier to establish coverage, you may want a lawyer in one of the following areas of expertise:

A “bad faith” lawyer if your own insurance company has denied insuring you or has turned down a claim that you have submitted

A personal injury lawyer if you are dealing with uninsured motorist insurance on a claim where you were injured

A workers’ compensation lawyer if you were injured on the job

A social security or disability lawyer if you are filing a claim for benefits under Medicare, Medicaid or other government programs

If you’re fighting with someone else’s insurance company, you may want to hire:

A personal injury lawyer if you have been injured by a third party

A malpractice lawyer if you are dealing with a professional negligence issue

A workers’ compensation lawyer if you were hurt on the job

Finding an Insurance Lawyer


Bad Faith in the Context of First-Party Insurance – New Appleman on Insurance Law Library Edition, Chapter 55

The insurer’s duty of good faith, and the liabilities that flow from breach of that duty, play an important role in insurance law. The duty was first developed in the context of liability insurance to limit the insurer’s discretion in exercising its reserved control over settlement of claims against the insured. (See Chapter 23 above.) But most jurisdictions have extended that duty, either by common law or by statute (or sometimes both) to limit an insurer’s exercise of the power to deny or delay payment for the insured’s own losses. (See Section 55.01 below.) This is known as “first-party bad faith,” and it is the subject of this chapter.

In the first party context, an insurer has great power in the handling of claims, because the insured has no remedy for unjustified delay or denial of benefits due other than expensive and time-consuming litigation. The bad faith tort seeks to protect insureds with valid claims against abuse of the insurer’s power by permitting the insured to recover tort damages in addition to amounts owed under the policy. But if insurers failed to scrutinize the validity of claims and paid meritless claims that would increase the cost of providing the insurance, leading to inflated prices for that insurance. Accordingly, the right of insurers to challenge questionable claims must be protected. The law of bad faith represents a balance between two competing interests: the right of an insurer to reject an invalid claim and the right of the insured to receive payment for compensable claims. The ways in which this balance shapes the law of bad faith are examined in Section 55.02.

Bad Faith in the Context of First Third Party


Natsir Hussain