Fishers Insurance Claims Lawyer
As an insurance policyholder, you pay premiums with the expectation that your insurance company will handle your claims and act in good faith. However, sometimes an insurance company doesn’t act in your best interests, known as bad faith. When they deny your valid claim without any explanation or legitimate reason, you could have a claim against your insurance company. To learn more about the insurance claims process and bad faith, contact a Fishers insurance claims lawyer.
At Keffer Hirschauer, LLP, we have years of experience dealing with insurance claims, including first-party and third-party bad faith claims. If you have concerns about an insurance claim being unfairly denied, contact us to learn more about how we help.
First-Party Bad Faith
First-party bad faith is when the policyholder’s insurance company doesn’t properly investigate or accurately value their claim. Examples of bad faith tactics can include:
- Refusing to pay for a valid claim;
- Delaying payment of a valid claim;
- Failing to conduct a thorough investigation of a claim;
- Denying your claim without providing a reason; and
- Engaging in other activity that delays the claims process.
In the Indiana Supreme Court case of Erie Insurance Company v. Hickman, the justices ruled that insurers can be sued for bad faith. Insurers are obligated to refrain from:
- Making an unfounded refusal to pay policy proceeds;
- Causing an unfounded delay in paying a claim;
- Deceiving the insured; and
- Exercising any unfair advantage to pressure an insured into settling.
If you believe that your insurance company has engaged in bad faith practices, let an experienced Fishers insurance claims lawyer assist.
Third-Party Bad Faith
If someone sues you, and your insurance company refuses to defend the lawsuit or won’t pay the settlement or judgment, it could be third party bad faith. Your insurance company has a duty to defend you in a covered lawsuit. Insurance companies cannot refuse to pay a court judgment or settlement that is covered under your policy without the risk of being sued for third party bad faith.
When Isn’t It Bad Faith?
Not seeing eye-to-eye is common with policyholders and insurance companies, but is it really bad faith? Depending on the insurance claim type, you may have certain obligations that you must adhere to, as well. If you do not abide by your legal obligations, the insurance company might deny the claim. That is not bad faith.
If you must give an Examination Under Oath (EUO) under your policy and you refuse because you know they could use some of the information to deny your claim, they might deny your claim. If they do, it’s not bad faith. Rather than refuse to cooperate, hire a Fishers insurance claims lawyer who can help you with the EUO.
If your insurance company offers you less than you believe you deserve, it doesn’t necessarily point to bad faith either. If they have explained their decision and have a well-documented evaluation process, it means you just disagree on value. However, if they refuse to give you any reasons or are bullying you into taking them to court, you might have grounds for a bad faith claim.
Contact a Fishers Insurance Claims Lawyer
When you hire our firm, we help explain the policy’s coverage in question and work with your insurance company to reach a settlement. If your claim can be settled, we will work to get it finalized. If you do have a valid bad faith claim, we will work with you on holding your insurance company accountable. Contact Keffer Hirschauer, LLP today to schedule an initial consultation.