Insurance Bad Faith

California State law applies to all insurance contracts entered into with California residents (unless preempted by E.R.I.S.A.) Implied in every California insurance policy there is a "duty of good faith and fair dealing." This duty precludes the insurance company from doing anything to deprive an insured person of the benefits and/or protection provided in the policy. Unreasonable conduct by the insurance company in denying or failing to adequately investigate a claim may constitute a violation of the implied duty of good faith and fair dealing.

An integral part of an insurance company's duty is to diligently seek out evidence that supports an insured's claim. When an insurance company searches for, or relies solely upon evidence which serves to support a denial of an insured's claim, it holds its own interest above that of its insured and may be deemed to violate the implied promise to deal with it's insured in fairly and in good faith.

There are many types of employee benefits that fall under ERISA bad faith law, including the following:

  • Health plans
  • Life insurance
  • Disability insurance
  • Long-term care insurance
  • Pension benefits

Bad Faith Litigation

A bad faith lawyer helps clients with the following:

  • Evaluating their rights based on their insurance policy
  • Determining whether they have a viable case against an insurance company
  • Determining the laws applicable to the case: state bad faith law or ERISA
  • Identifying and organizing documentation pertinent to the case
  • Identifying the errors, intentional or otherwise, the insurance company made when denying claims
  • Pursuing benefits and compensation based on the applicable laws

ERISA cases require special handling. Experienced bad faith denial attorneys can help insured individuals through this complex process. Kantor & Kantor, LLP bad faith denial attorneys help insureds file the claims necessary to prove they deserve benefits. If the plan's administrator denies your claim, our attorneys can help you to appeal and seek the benefits to which you are entitled.

Kantor & Kantor, LLP understands is expert at these types of issues and can help clients realize the benefits they bargained for when they purchased their insurance protection.

Call us for a free consultation if you think your insurance company has breached their duty of good faith and fair dealing. Call 888-569-6013!

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