Proving Bad Faith in Court in Texas: Your How-To Guide

Dealing with bad faith insurance practices can be challenging, especially when you rely on your insurer to provide the coverage you need. Without the right guidance, managing the complexities of bad faith claims can lead to financial strain and prolonged legal battles.

Keep reading to learn more about how to prove bad faith in court in Texas and why having a Texas bad faith insurance attorney by your side can help you secure the compensation you're owed.

What Is Bad Faith?

Bad faith occurs when an insurance provider acts in a manner that is unfair or dishonest. When insurance companies act in bad faith, it usually means that they intentionally delay, undervalue, or deny coverage without a valid reason, leaving you stuck in a difficult situation. Many times, these companies engage in bad faith practices because they prioritize profit over adequately compensating the claimant. 

In Texas, you’ll need to know how to prove bad faith when challenging your insurer’s refusal to honor a claim. 

Types of Bad Faith

Understanding the two different types of bad faith can help you prove wrongdoing in court when pursuing a bad faith insurance claim against your insurer. You’ll need to determine what kind of bad faith tactic was used against you before you can figure out how to prove it. Both kinds of bad faith involve a breach of the insurance contract, but they differ in how the violation occurs. Below are the primary types of bad faith:

• Common Law Bad Faith: This occurs when an insurer fails to pay a legitimate claim, causes unreasonable delays without providing adequate reasons, or makes only a partial payment on the claim. This is based on court precedents rather than specific laws.
• Statutory Bad Faith: This involves violating the laws outlined in the Texas Insurance Code, such as misrepresenting policies, failing to approve or deny claims promptly, or not conducting a proper investigation.

Understanding these types of bad faith damages will help you and your attorney determine the right strategy to prove bad faith in court for your case. With a capable bad faith attorney by your side in court, you can prove an insurance company acted in bad faith.

How To Prove Bad Faith in Court

Proving bad faith involves showing evidence that your insurance company denied, underpaid, or delayed your claim without good cause. As we laid out above, there are two types of bad faith, each with different legal requirements. Let’s break down how to prove each one in court.

How To Prove Common Law Bad Faith in Court

Proving common law bad faith can be complex. To establish a successful bad faith claim, your attorney must demonstrate that the insurance company acted unreasonably by delaying, underpaying, or denying your claim without proper justification. Here’s a brief overview of the steps involved in proving common law bad faith claims:

1. Unreasonable Conduct: Your attorney must show that the insurance company's actions were unreasonable. For example, they engaged in unjustifiable, prolonged delays while processing or investigating your claim.
2. Knowledge of Wrongdoing: Your attorney must prove that the insurance company knew or should have known that their actions were unreasonable or dishonest.
3. Evidence Gathering: To support your claim, your attorney will gather evidence such as the claim records, the specific terms of your insurance policy, witness testimonies, and any communications that show unreasonable delays or wrongful denial. 

How To Prove Statutory Bad Faith in Court

Statutory bad faith happens when an insurer violates specific provisions of the Texas law related to insurance. This type of bad faith is usually easier to prove than common law bad faith because it relies on clear legal standards. Below you can learn how to prove statutory bad faith claims.

1. Identify the Violation: Your attorney will pinpoint the specific provision of the Texas Insurance Code that the insurer has violated. This could be anything from failing to promptly investigate a claim to misrepresenting the policy coverage.
2. Gather Evidence: Your attorney will collect any documents that support your claim like the insurance policy, claim records, and communication records.
3. Build Your Case: Your attorney will use the evidence you've gathered to build a strong case against the insurance company. 

The Components of Bad Faith: Making Your Argument

When building a case for bad faith, there are four main components your attorney will focus on to make a convincing argument. These components can help prove that the insurance company acted in bad faith and violated its duties to you. These components include:

• Owed a Duty of Care: First, you must have an active insurance policy. This establishes the insurer’s duty to compensate you in the event of a claim.
• Duty of Care Breached: Next, the insurer must have failed to uphold their duty, either through negligence or intentional wrongdoing, such as wrongful denial or an unreasonable delay.
• Unreasonable or Unethical Behavior by Insurer: The insurer's actions must be considered unethical or unjustified based on the details of your policy and the situation.
• Damages: Finally, you must show that you suffered financial losses due to the insurer’s actions which is necessary in seeking compensation.

Do You Need a Bad Faith Insurance Lawyer?

If you feel your insurance company has acted in bad faith, hiring a bad faith insurance lawyer can make all the difference. An experienced attorney can help you navigate the complex legal process, gather necessary evidence, and build a strong bad faith proof case. 

Insurance companies often have extensive legal teams, making it hard for individuals to fight independently. With a skilled lawyer on your side, you’ll have the support you need to challenge the insurer’s actions and determine what damages you can recover. 

Secure the Compensation You Deserve With Millin & Millin Attorneys 

The effect of bad faith insurance practices can be complex and overwhelming. Knowing your rights and how to prove bad faith in court can improve your chances of getting the compensation you’re entitled to.

Consulting with a Texas bad faith insurance attorney, like Millin & Millin Attorneys, ensures you have the right legal guidance and support during this difficult time. Our attorneys are ready to protect your rights, provide useful advice, and help you pursue the compensation you deserve from your provider.

Get the compensation you deserve with help from an experienced bad faith attorney at Millin & Millin Attorneys today!

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