How To Prove Bad Faith in Court With Help From a McAllen Insurance Attorney
If you feel your insurance company has acted improperly or wrongfully denied your claim, they may be acting in bad faith. Bad faith is a type of legal wrongdoing for which you can hold your insurance company accountable in court. By proving bad faith, you can fight for the coverage you rightfully deserve.
Proving bad faith isn’t easy and doing so without help from an experienced bad faith insurance attorney can be virtually impossible. Keep reading to learn about how you can prove bad faith in court with help from a McAllen bad faith insurance attorney.
Types of Bad Faith and How To Prove Them
There are two different types of bad faith, and which category your case falls under will dictate the argument your McAllen bad faith insurance lawyer makes in court. These two types of bad faith vary based on what sort of law was broken.
Before you can sue your insurance company for bad faith, you will need to determine which type of bad faith was involved.
Proving Common Law Bad Faith
Common law bad faith involves violating standards set by court precedents. This means that to prove common law bad faith, you don’t have to prove that any law was broken. Instead, your attorney will need to prove that the claim was either wrongfully denied or unreasonably delayed based on the evidence provided.
Proving Statutory Bad Faith
Unlike common law bad faith, statutory bad faith does involve breaking Texas law. In order to prove statutory bad faith, your lawyer will need to prove that your insurance company acted in violation of the Texas Insurance Code. The Insurance Code lays out four different ways an insurance company can act in bad faith:
- • Misrepresenting your policy
- • Failing to adequately explain why your claim was denied
- • Failing to deny or approve your claim in a reasonable amount of time
- • Refusing to conduct an adequate investigation of your claim
The Evidence You’ll Need To Prove Bad Faith in Court
No matter which type of bad faith your insurance company may have committed, you’ll need the same types of evidence to prove it. In most cases, you will need the following evidence to prove bad faith in court:
- • Your insurance policy
- • Any related documents or corporate policies
- • The insurance company’s files relating to your claim
- • Industry witness testimony on how insurance claims are processed
While getting a copy of your insurance policy might be relatively easy, other types of evidence can be more difficult to obtain. Your bad faith insurance attorney can help you get the evidence you need.
Prove Bad Faith in Court With Help From a McAllen Bad Faith Attorney
Unfortunately, most insurance companies have plenty of money to spend on high-powered legal defense teams to fight your claim of bad faith actions. If you feel you’ve been treated wrongly, don’t face your insurance company on your own. Get help from a bad faith insurance attorney who will fight tirelessly on your behalf.
If your insurance company has already acted in bad faith, there’s no reason to believe they’ll start acting fairly now. Don’t put your settlement at risk by failing to get the help you need. The McAllen bad faith insurance attorneys at Millin & Millin Attorneys would be proud to represent you in settlement negotiations or a court of law.