Have you had an insurance claim denied?
Insurance bad faith is a legal term that describes the claims an insured person may have against their own insurance company for its bad acts, including:
- Failing to timely investigate an insurance claim
- Misrepresenting facts to the insured about their insurance coverage
- Failing to acknowledge and act promptly after being contacted by an insured
- Failing to settle an insured’s claim fairly when liability has become reasonably clear
- Forcing an insured to sue their insurance company by making unreasonably low offers to the insured
- Failing to promptly provide an insured a reasonable explanation for the basis used by the insurance company for denying a claim or an insured’s offer of settlement
Your insurance policy is a paid-for promise by your insurance company to provide you and your household members with insurance protection and to treat you fairly. Your insurance company has a duty to negotiate and settle your claims timely and in good faith.
If you’ve had an insurance claim denied and you believe your insurance company has acted in bad faith, attorney Mollie McGraw is experienced and skilled in litigating against insurance companies. Call her today at 575-523-4321.
Can You Sue Your Own Insurance Company? Yes.
An insured person may sue their insurance company for breach of contract, unfair or deceptive trade practices, or unfair claims practices. A plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy, if the insurance company’s conduct was particularly egregious or is shown to have violated certain laws. An example of this occurs when an insurance company refuses to offer uninsured/underinsured motorist coverage to its insureds after a car crash even though it knowingly refused to follow the clear rules set forth by the New Mexico Supreme Court regarding uninsured/underinsured motorist coverage.
Sanchez et al v. Miller et al
The Sanchez family suffered seriously injuries when an intoxicated driver who was driving against oncoming traffic at speeds in excess of 80 mph struck their vehicle head on. Attorney Mollie McGraw successfully litigated a lawsuit on behalf of the Sanchez family against their auto insurance company for failing to provide coverage for their injuries and for other bad faith acts.