Bad Faith Insurance Recoverable Damages: The Value of Your Texas Claim

If your premiums are paid and your filing is valid, your insurance company has a duty to compensate you for the losses covered in your policy. However, insurers can sometimes act in bad faith by unreasonably denying, undervaluing, or delaying the investigation of their client's claims. Sometimes, they may even refuse to pay any form of compensation at all.

Keep reading to learn about bad faith insurance recoverable damages in Texas, and how an experienced bad faith attorney from Millin & Millin Attorneys can help you pursue the compensation you may deserve.

Key Takeaways

  • You may be able to recover damages for bad faith if your claim was wrongfully denied, delayed, undervalued, or otherwise handled unfairly.
  • Bad faith damages recoverable in Texas include contract, extracontractual, and punitive damages. This includes the value of the original claim and any additional losses.
  • The specifics of the insurer's actions, the value of your original claim, and the extent of the damages caused by your insurer’s wrongdoing can each affect the value of your settlement.
  • While insurance providers may attempt to settle claims for less than what you deserve, a Texas bad faith insurance lawyer can help you fight for full compensation.

What Is Insurance Company Bad Faith?

Whether it’s Washington’s Insurance Fair Conduct Act or the Texas Insurance Code, most states have a range of laws and regulations in place dictating what actions constitute insurance bad faith. When an insurer acts in bad faith, including unreasonable or unlawful acts, it can lead to significant losses for policyholders. Some bad faith tactics that insurers may engage in include, but are not limited to: 

  • Unreasonably delaying the investigation of valid claims
  • Failing to carry out a proper and complete investigation of the claim
  • Failing to inform their clients about the full extent of their insurance policy, enabling the insurer to deny responsibility for the loss
  • Offering an amount that’s less than what the insurer owes based on your policy and losses
  • Refusing to compensate the client for a loss without providing a valid justification
  • Making threatening statements to clients
  • Making an unreasonable and invalid claim denial

It’s worth noting that there are some types of good faith practices that may still be against the best interests of the policyholder. For instance, denying an otherwise valid claim for unpaid premiums, a late filing, or fraud on the policy application may each constitute fair dealing.

What Bad Faith Damages May Be Available in Texas?

The bad faith damages Texas courts offer depend on your situation. It is usually influenced by factors like the type of claim you present to the insurer, the bad faith acts committed, and the losses you have suffered from such acts. Compensation includes the same main categories as other tort cases: compensatory and punitive damages.

Compensatory damages are claims you can pursue for the actual loss you’ve suffered. In bad faith insurance cases, compensatory damages typically cover two types of harm: contract and extracontractual damages. Punitive damages, meanwhile, are only provided in cases of extreme wrongdoing.

Contract Damages

This is compensation for the original amount your insurer agreed to pay based on your insurance policy. For instance, if your house was damaged, the court can award bad faith insurance damages for the cost of repairing the damage and your contractor's fees. Common types of contract damages provided for bad faith claims include:

  • Repair costs
  • Additional living expenses
  • Replacement costs
  • Transportation costs

While contract claims can be simpler than other types of settlements, it’s still in your best interest to get help from a Texas insurance lawyer if you plan to pursue bad faith litigation for contractual losses.

Extracontractual Damages 

When insurers wrongfully delay, undervalue, or deny coverage, the knock-on costs can be considerable. Extracontractual compensation covers consequential damages and other losses caused by bad faith claim handling. These are damages for the additional economic burden and mental distress that were caused by your insurer's bad faith actions. 

  • Attorney fees for your Texas bad faith lawyer
  • Court costs, penalties, and other economic losses caused by the bad faith act
  • Interest payments
  • Insurer’s liability for judgments exceeding the policy limit
  • Non-economic and emotional distress damages, including pain and suffering caused by the insurer’s actions

Punitive Damages

Punitive damages, also called exemplary damages, are a form of punishment for bad faith insurance companies. To be awarded punitive damages, your Texas bad faith attorney must prove that:

  • Your insurance company has acted fraudulently, negligently, maliciously, or criminally while dealing with your insurance claim.
  • Your insurer has acted in bad faith before.

Simple unfair treatment is not typically enough to give claimants access to punitive damages. If you feel that extreme or repeated wrongdoing was involved in your case, you should get help from a Texas insurance claim lawyer to get help determining if you may be owed punitive damages.

Factors That Can Affect the Value of Your Bad Faith Insurance Claim

Different factors can affect the court's evaluation of your bad faith insurance claims and the damages to grant, including:

  • The seriousness of the insurance company's bad faith conduct
  • The contractual amount to be paid for the loss suffered
  • The financial hardship and emotional distress you suffered as a result of your insurer's acts

You will need to discuss these factors with your Texas bad faith attorney to help you evaluate your situation and gather evidence to build a strong case against your insurer in court. While the majority of settlements are reached through negotiations, you may need to pursue a jury verdict to access justice.

Do You Need an Attorney for Your Texas Insurance Bad Faith Case?

If you think your insurance company acted in bad faith against you, you should absolutely reach out to a lawyer for help. First of all, your insurance company will have considerable resources to put toward fighting your case, and you’ll need a capable legal team by your side to fight back. Plus, insurance cases can be incredibly complex, and it will be nearly impossible for you to bring a successful suit without legal expertise. Aside from defending you in court, your attorney will also handle negotiations with the insurance company and protect your best interests if you decide to settle out of court.

When pursuing damages, a knowledgeable Texas bad faith insurance attorney will help you:

  • Present your case in a convincing manner
  • Gather evidence to make your case stronger
  • Navigate the legal processes effectively
  • Interpret your policy to determine what you may be owed
  • Get expert testimony
  • Provide hard-earned legal expertise
  • Proving bad faith in court

These actions can significantly improve your chances of getting the damages you seek and ensure that your insurance company takes responsibility for its actions. 

Your Texas Bad Faith Insurance Attorney at Millin & Millin Attorneys

Not every delay, refusal to pay, or inconvenient tactic is the same as acting in bad faith. Sometimes, these actions might qualify as fair dealing. It’s best to get an experienced Texas bad faith insurance attorney to evaluate your case properly and determine the right damages to pursue in court.

At Millin & Millin Attorneys, we can help you investigate your insurance claim thoroughly, protect your best interests, and ensure that you have the legal support you need to pursue adequate compensation for your losses. Whether you’re facing a denied auto, property damage, or life ins. claim, you can count on our law firm to help you fight for whatever benefits you may be owed. Our own fees are paid as a part of your settlement, so you won’t need to worry about paying out-of-pocket for our services.

Contact Millin & Millin Attorneys for help pursuing damages for emotional distress and other bad faith losses.

FREE Consultation


Copyright © Millin & Millin Attorneys. All rights Reserved | Powered by Cobalt Digital
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram