How Insurance Lawyers Prove Bad Faith in Court
For as long as the insurance industry has existed, people have had their insurance claims denied. Unfortunately, in many cases, these claims were denied in an attempt to safeguard the insurance company’s profits rather than protect the claimant.
This is what insurance lawyers refer to as an insurance claim being denied “in bad faith.”
The bad faith insurance lawyers at Millin and Millin have helped many people who have had their claims denied unfairly. Let’s discuss how these professionals prove their case in a court of law.
The Elements and Evidence Necessary To Prove Bad Faith
When a lawyer is attempting to prove that an insurance claim was denied in bad faith, there is certain criteria that must be met and necessary evidence needed to back up any assertions of bad faith.
For it to hold up in a court of law, your bad faith insurance lawsuit must meet the following four conventions:
- • Owed a Duty of Care – You must have a policy with an insurance company in the first place to be owed any sort of compensation.
- • Duty of Care Breached – The insurance company has failed to uphold their agreement whether it be through negligence or purposeful wrongdoing.
- • Unethical or Unreasonable Behavior by Insurer – The decision(s) or action(s) carried out by the insurer must be considered unreasonable based on your situation and the specifics of the policy.
- • Damages – You must have suffered financial losses due to the insurance company acting in bad faith to be compensated.
Now that you’ve established how bad faith is determined, you and your lawyer will then prove it. Useful evidence includes:
- • copy of the insurance policy and the insurer’s corporate policies
- • expert testimony from third-party witnesses
- • copy of the claim filed
Insurance Claim Denied? Millin and Millin May Prove Bad Faith in Court!
If your insurance claim has been denied and it seems completely unreasonable, there’s a chance you’ve become a victim of “bad faith.” The bad faith insurance lawyers at Millin and Millin have the knowledge to help you set things right!