Insurance Bad Faith

What qualifies for a bad faith insurance claim?

An insurance policy is a contract between you and the insurance company. When the insurer wrongfully denies a claim or fails to pay all the benefits that an insured is entitled to under the policy, the insurance company has breached the contract. If the insurance company engaged in the following behavior when denying the claim, they may have acted in bad faith:

• Unreasonable denial of the insured’s valid claim
• Intentional or unreasonable delay of payment (delays can be as long as months or even years)
• Refusal to conduct a proper investigation in a timely manner
• Paying partial value of the claim without any basis
• Unreasonable and self-serving interpretation of ambiguous policy language

How is a bad faith insurance claim proven in court?

Proving that an insurance company acted in bad faith can be very difficult because Pennsylvania law does not provide clear cut guidelines. According to the Pennsylvania Supreme Court, bad faith must be proven with:

• Clear and convincing evidence that the insurer denied benefits without reasonable basis; and 
• Clear and convincing evidence that the insurer knew or disregarded its lack of reasonable basis in denying the claim.

Do I need a lawyer to handle a bad faith insurance claim?

Insurance companies are armed with experienced claim representatives and hard-hitting lawyers who specialize in denying and low-balling claims. Qualified Counsel has a network of lawyers who have the reputation of going to battle with the biggest insurance companies. We will pair you with a lawyer that is well-equipped to handle your particular case and that is sensitive to your needs as a client. Contact Qualified Counsel today to find an attorney that will not back down from insurance companies and get you the benefits you are entitled to under your insurance policy.