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San Diego Insurance Bad Faith Litigation Lawyer

Insurance companies have a duty to treat its insureds’ fairly. Walker Law can help you navigate your claim.


Insurance Bad Faith Litigation San Diego Overview

In every insurance policy, there is a legal obligation for the insurance company to treat its insureds in good faith. However, many times, the insurance company takes advantage of its superior bargaining position by denying claims that should be paid, delaying the payment of claims causing undue hardships for the insured, and treating its insured unfairly.

If your insurance company refuses to treat you in “good faith,” you have rights under the law. Walker Law has in-depth experience in holding insurance companies accountable for treating insureds unfairly, unreasonably, and fraudulently.

What is Insurance Bad Faith?

The insurance company is legally obligated to behave in good faith when handling its policyholders’ claims. This means they must examine claims fairly and correctly, and they must pay them promptly. If the insurance company breaches this good faith, it can be held legally responsible for its bad faith behavior.

Bad Faith Assumes Many Forms

Bad faith insurance is not a one size fits all problem. It can take several different forms. A few of these are listed below:

  • Denying a reasonable claim without a valid reason.
  • Not investigating the claim properly.
  • Refusal to safeguard a policyholder against a third-party claim
  • Offering an unreasonably small settlement
  • Fraudulent or deceptive practices
  • Failing to disclose limitations or policy provisions

If your insurance has carried out any of those behaviors, it may mean that they are liable for practicing bad faith insurance.

Why You Need an Attorney

If you suspect that your insurance carrier has acted in bad faith, you could be eligible for compensation for your losses. Regardless, seeking a bad faith insurance claim can be a  complicated, lengthy process full of challenges.

Insurance companies are staffed with teams of skilled insurance lawyers who are solely dedicated to protecting the company’s interests and assets. They are working together to minimize their liability.

It is crucial that you have a skilled attorney beside you throughout your case. An attorney can help you with the following:

  • Assess the potential success of your claim
  • Gather and assemble evidence that supports your claim
  • Lead negotiations with the insurance agency
  • File a lawsuit if negotiations are not successful
  • Advocate for you in court

If you do not have an attorney, you may struggle to navigate the complexities of the legal system in an effort to achieve the best possible resolution for your case.

How an Attorney Can Help

San Diego insurance bad faith lawyers can aid you in various ways. One of these is by reviewing your claim and determining whether the insurance company has been behaving in bad faith. By investigating the circumstances surrounding your claim, reviewing the details of your policy, and the correspondence between you and the insurance company to determine the course of action, you should take.

If you suspect that you have a case, your attorney can help you gather the evidence that is needed to support your claim and help you create a winning strategy. They can help with the following:

  • Obtaining documents
  • Obtaining and reviewing witness statements
  • Consulting with and hiring experts to testify on your behalf
  • Conduct thorough investigations
  • Leverage the evidence to conduct negotiations for you
  • Advocate for a fair settlement offer
  • If negotiations do not produce satisfying results, they can file a lawsuit for you.
  • Represent you in court if it comes to that

Throughout the process, the insurance bad faith lawyers at Walker Law will provide you with consistent guidance, open communication, and support. We will address any of your questions or concerns as we keep you abreast of what is happening with your case.

Choosing the Best San Diego Bad Faith Litigation Attorney for Your Case

It is crucial to choose the right lawyer to represent you when filing a bad-faith insurance claim. To be successful, you must ensure that your attorney has the legal acumen, knowledge, and experience to advocate for you properly.

Here are some things to look for when choosing an attorney:

  • They specialize in insurance bad faith claims
  • They have experience specific to the San Diego area
  • Their successful track record should reflect that they have won similar cases
  • Clear, prompt communication with clients
  • Responsive to the goals, considerations, and essential needs of their clients

Statute of Limitations

Your San Diego bad faith insurance lawyer can advise you about the deadlines for filing a lawsuit. If a bad faith suit is brought against a California insurance claim, the plaintiffs have four years following the date of the bad faith denial to bring the action.

Alternately, if the bad faith incident is brought as a tort claim, the window allowed by the statute of limitations closes to only two years.

Insurance Companies May Try to Defend Themselves Against Allegations of Bad Faith

The legal team representing your insurance company will try to provide a defense for their bad-faith actions. They will try to justify their behavior as reasonable in the specific situation. Here is a list of common strategies insurance companies might employ to conceal their bad-faith conduct:

  • They may claim that the insurance policy did not cover the conditions of the policyholder’s claim, so they are not obligated to pay for the claim. Typically, they will find key points, provisions, and exclusions from the policy to support the argument that they are not responsible for any payouts.
  • The insurance company’s legal team will possibly argue that the claimant has not provided the appropriate documentation or adequate information to process the claim. This excuse can be used to avoid evaluating the claim.
  • Insurance companies will most likely explain that they have acted in good faith and adequately followed the rules and regulations surrounding the claim.
  • Placing blame on the policyholders, entirely or partially, for the loss. They will try to prove that the claimant was negligent and responsible for their losses.
  • Diminishing the severity of the claim is another technique that they may try. Insurance companies that successfully downplay the losses sustained do it with the intention of paying out less in claim money.
  • They will often argue that their behavior was in good faith and that the denials and delays were normal and reasonable due to the case’s circumstances. They will use any evidence they can come across to point out their own efforts to investigate, communicate or support their policyholders.

For the most part, insurance companies want to defend themselves against suspicions of bad faith by undermining the credibility of their policyholder’s claim. They will do this by arguing that they acted appropriately under the circumstances. Your case will be improved exponentially by having an experienced insurance bad faith attorney beside you throughout the entire process.

Successfully Handling Bad Faith Insurance Litigation is What We Do

Contact us today. The legal team at Walker Law is ready to evaluate your case and formulate a strategy to ensure you successfully resolve the issue. We have the knowledge, experience, and resources at our fingertips to help you prove your case against the insurance company operating in bad faith. We offer free consultations. It costs you nothing to see what we can do for you.

Insurance Cases We Handle

  • Bad Faith Litigation
  • Poor Investigation of Claim
  • Intentional Dishonesty
  • Failure to Pay Benefits
  • Delay
  • Bad Faith Denial of Claim
  • Insurance coverage
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