Updated May 25, 2020
Insurance bad faith is when an insurance company neglects to honor an insurance claim that falls within the terms of the policy. If the insurance company has no principled basis for its denial of the claim, it’s acting in bad faith.
An insurance company can reject a claim in good faith if it has grounds to do so as described by the policy terms. For example, if an auto insurance policyholder files a claim to cover the costs of their injuries when the policy only covers repairs, it is likely that the insurance company will reject the claim.
An insurance company may violate the terms of its own policies for any number of reasons. Whether it was the result of a processing error or of someone’s conscious decision to deny an otherwise valid claim, the tort remains the same: The insured party has grounds to sue.
There is a steep burden of proof to pursue an insurance bad faith claim. The evidence must be convincing in nature, and the plaintiff must prove that there is conscious wrongdoing on behalf of the insurer.
Insurance is hard enough to navigate without complications after a claim. If you are struggling to receive compensation from an insurance company, contact the Indianapolis Insurance Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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