The term "insurance bad faith" is generally defined as a legal term that is used when an insured individual is treated unfairly by an insurance company that they are a customer of.
Most insurance policies include provision for the insurance company to act in a fair and just manner to the policy holder, which is simply known as "good faith". This is an overall understanding that both the insured and the insurer will deal with each other honestly.
However, many legitimate insurance claims are rejected by insurance companies which can leave policy holders wondering what to do next. In the event that the insured feels that they have an honest claim that has been rejected, a tort claim can be filed against the insurance company in an effort to have the policy honored and any other associated costs addressed in a compensation claim.
If you or someone you love has had an insurance claim rejected, we can help to review the details of both the policy and the application and determine if there are grounds to file a lawsuit.
Common Causes For Insurance Claims
Due to the many different types of insurance policies that are available, there are a number of different causes that can require a policy holder to make a claim on their policy.
Some of the most common include:
- Automotive accidents
- Home invasions / burglary
- Weather-related damages
- Serious illness
- Property damages
.... just to name a few.
In almost all of these situations, policy holders and their dependents need to be sure that the policy that they have paid for will be able to help provide monetary compensation for their losses until their situation stabilizes.
Types of Bad Faith Lawsuits
Throughout Canada most insurance companies are instructed by law to act in good faith to their policy holders. More specifically, this means that the insurance company cannot look for legal loopholes to relieve itself of it's obligation - which is to investigate the claim and then, pending the results of that investigation, to pay the victim a compensation settlement that is equivalent to the damage provision that is outlined in the policy.
Some common reasons why bad faith lawsuits are filed may include:
- Failure to explain why a claim was denied
- Failure to conduct a fair investigation of the claim and it's cause
- Failure to provide a fair settlement value
- Outright refusal to pay a claim without investigation
- Failure to disclose important information to the policy holder
- Failure to pay the claim within an acceptable period of time
- Failure to respond to a time-limited demand
.... among many others.
It's also important to remember that insurance companies and their underwriters are not your friend. Their primary obligation is to provide a profit to the shareholders of the company and in order to accomplish that, insurance adjusters must use every tactic available to ensure that the absolute minimum amount of compensation is paid in almost every claim.
Need Help? Contact Our Windsor Insurance Claim Lawyers Today
If you or someone you love has had an insurance claim rejected, they may still be eligible to receive compensation for any losses they may have sustained - including mental fatigue and stress related to the initial rejection of their claim.
The entire team of personal injury lawyers at Greg Monforton and Partners understand the pressures that individuals and their families can go when dealing with insurance companies and can provide the knowledge and experience to help bad faith victims navigate the re-filing process.
With our office located in Windsor, Ontario, we proudly provide effective legal counsel to insurance victims throughout the province including:
.... and almost all of the suburbs and towns that surround these cities.
To learn more about how we can help with your insurance litigation - or perhaps to determine if you have adequate grounds to file a claim - contact our office today at (866) 320-4770. Our intake team will answer your call and after some brief questions about the nature of your inquiry, you will be quickly connected to one of our lawyers.
For those that would prefer to start immediately, simply fill out and submit the "Free Case Evaluation" form that is located at the top of this page - it's 100% free to send.
Greg Monforton & Partners - we only get paid when we obtain a recovery. Ph: (866) 320-4770