Bad faith insurance is not just a legal term—it is a breach of trust. When you faithfully pay your premiums, you expect your insurance company to honor its obligations when you need them most. Unfortunately, some insurers prioritize profits over people, leaving policyholders in the lurch when they need help the most.
“Good faith” goes beyond mere ethical principles—it is a legal obligation stipulating that your insurance provider must fulfill their contractual duties honestly and promptly. If an insurance company breaches this duty by acting in bad faith, you can file a lawsuit and ensure it upholds its contractual obligations.
At Kantor & Kantor, we recognize the uphill battle you may face when dealing with insurance companies. If you are frustrated with denied, delayed, or underpaid insurance claims, our mission is simple: to level the playing field and protect your rights. With our San Diego bad faith insurance lawyers, you are assured that you have a strong advocate fighting for you every step. Contact us for a free consultation at 818-886-2525.
We are people helping people, and we are ready to fight for you.
What Is Insurance “Bad Faith?”
Insurance is meant to provide peace of mind and a safety net for individuals in times of need. Insurance companies are legally obligated to act in good faith in the handling of your claim. However, when an insurance company fails to fulfill its obligations in good faith, it can lead to devastating consequences for policyholders. Insurance bad faith is a legal term that refers to the improper conduct of an insurance company toward its policyholders. When an insurance company acts in bad faith, it violates its duty to deal fairly and honestly with its customers, often resulting in significant harm to the policyholder.
California Bad Faith Insurance Law
In California, policyholders benefit from the protections outlined in the Unfair Insurance Practices Act, also called the California Insurance Code INS § 790.03. This law explains unfair and deceptive behaviors by insurance firms and mandates that they refrain from engaging in actions including:
- Misrepresenting important information to claimants
- Neglecting to establish reasonable investigation protocols
- Failing to sincerely try to expedite just and equitable settlements of claims
- Needlessly prolonging the investigation or payout process for claims
- Advising claimants against seeking legal counsel.
Bad Faith Tactics Used by Insurance Companies
Insurance companies are profit-driven entities, and, unfortunately, some may resort to bad faith tactics to protect their bottom line at the expense of policyholders. At Kantor & Kantor, we have seen firsthand the tactics insurance companies employ to deny, delay, or underpay valid claims.
1. Delayed, Improper, or Absent Investigation
Insurance companies are obligated to promptly and thoroughly investigate claims made by their policyholders. However, bad faith may arise when an insurer fails to conduct a proper investigation or unreasonably delays the process. This could involve:
- Ignoring crucial evidence related to the claim
- Failing to interview witnesses or obtain necessary documentation
- Disregarding medical reports or expert opinions relevant to the claim
- Dragging out the investigation process without valid reasons.
2. Denial Based on Incomplete or Inaccurate Justification
A hallmark of bad faith is when an insurance company denies a legitimate claim without providing adequate justification or reasoning. Examples of this include:
- Rejecting a claim without providing a clear explanation or citing ambiguous policy language
- Denying benefits based on incorrect interpretations of policy terms
- Using biased or misleading information to support the denial of a claim
- Failing to communicate the specific reasons for denial to the policyholder.
3. Underpayment of Claims
Another tactic used by insurers engaging in bad faith is underpaying valid claims, often in an attempt to minimize their financial obligations. This may involve:
- Offering a settlement amount far below the actual value of the claim
- Disregarding the full extent of damages suffered by the policyholder
- Employing tactics to undervalue medical treatments, property damage, or other losses
- Delaying payment of the claim in the hope that the policyholder will accept a lower settlement out of desperation.
4. Other Unreasonable Conduct by the Insurer
Beyond outright denial of valid claims, insurers can breach their duty of good faith and fair dealing through various forms of unreasonable conduct, including:
- Intentionally prolonging the claim process without valid reasons, causing undue financial strain on the policyholder
- Providing false information or misleading the policyholder regarding benefits or the claims process
- Attempting to dissuade or obstruct the policyholder from pursuing legal action against the insurer.
Any such behavior that demonstrates a lack of honesty, fairness, or diligence on the insurer’s part may constitute bad faith.
Our experienced lawyers have the knowledge and resources to hold insurers accountable for their actions and pursue the full and fair compensation our clients deserve.
What Should I Do if I Think My Insurance Company Has Acted in Bad Faith?
If you suspect your insurance company has acted in bad faith, taking immediate action is important to protect your rights and seek justice. Here are the steps you should take:
- Review Your Insurance Policy: Start by carefully reviewing your insurance policy to understand your rights and coverage provisions. Pay close attention to any deadlines for filing claims and any specific requirements for documentation.
- Gather Documentation: Gather all relevant documents related to your insurance claim, including your policy documents, correspondence with the insurance company, claim forms, and any evidence supporting your claim, such as photos, medical records, or repair estimates.
- Keep Records: Keep detailed records of all interactions with your insurance company, including emails, phone calls, and letters. Note the date, time, and nature of each communication and the names of any representatives you speak with.
- Document Damages: Keep records of any damages or financial losses you have suffered due to the insurance company’s actions. This may include medical bills, repair costs, lost wages, or other out-of-pocket expenses.
- Do not Accept Unfair Settlements: Resist the temptation to accept an unfair settlement offer out of frustration or desperation. Consult your lawyer before agreeing to any settlement to ensure it adequately compensates you for your losses.
- Consult with a San Diego Bad Faith Insurance Attorney: Contact our experienced bad faith attorneys in San Diego. Our attorneys can review your case, advise you of your rights, and help you understand your legal options. We will communicate with the insurance company on your behalf and negotiate for a fair resolution.
Why Choose Kantor & Kantor?
Here is why you should choose us to handle your case:
1. Resourceful Representation
We have the resources and expertise to handle even the most complex bad faith insurance cases. From conducting thorough investigations to hiring expert witnesses, we leave no stone unturned in our pursuit of justice for our clients.
2. Innovative Strategies
Insurance companies often employ complex tactics to deny or minimize claims. We stay ahead of the curve by employing innovative legal strategies tailored to the circumstances of each case. Whether through skilled negotiation, aggressive litigation, or alternative dispute resolution methods, we explore every avenue to achieve the best possible outcome for our clients.
3. Expertise in Insurance Law
Our attorneys possess in-depth knowledge of insurance law. We stay abreast of the latest developments in this ever-evolving field to ensure our clients receive the most effective representation possible. With our expertise, you can trust that your case is in capable hands.
4. Established Record of Success
We have a long history of success in handling bad faith insurance claims. Our bad faith attorneys in San Diego have secured settlements and verdicts for clients in the San Diego area. Whether through negotiation or litigation, we have the skills and experience to effectively advocate for your rights and maximize your recovery.
How We Can Help
When you turn to us for help with your bad faith insurance claim, you can trust that we will handle every aspect of your case with skill, dedication, and compassion. Here is how we will help with your bad faith insurance claim in San Diego.
- Thorough Investigation: Our lawyers thoroughly investigate the circumstances surrounding your insurance claim. We gather evidence, review policy documents, and consult with experts to build a strong case on your behalf.
- Strategic Legal Representation: Once we have assessed your case, we develop a strategic legal plan tailored to your specific situation. We leverage our extensive insurance law knowledge and our experience handling bad faith claims to build a strong case on your behalf.
- Effective Negotiation: Insurance companies often use delay tactics and lowball settlement offers to minimize their financial obligations. We are skilled negotiators who will advocate for our client’s rights. We will work to achieve a fair settlement that fully compensates you for your losses.
- Litigation Strategy: If negotiations with the insurance company are unsuccessful, we will take your case to trial. Our trial-tested litigators have the courtroom experience to present a compelling case before a judge and jury. We will aggressively pursue your claim through every stage of the litigation process, fighting for the best possible outcome.
Do you need a bad-faith insurance lawyer in San Diego? Contact Kantor & Kantor at 818-886-2525 to book a free phone, video, or in-person consultation.
Long-Term Disability (LTD) Bad Faith
Long-term disability (LTD) insurance provides financial protection to individuals who are unable to work due to a disabling illness or injury. Unfortunately, insurance companies sometimes engage in bad faith practices when handling LTD claims, such as wrongfully denying or terminating benefits, delaying claim processing, or offering unreasonably low settlements.
How Our Attorneys Can Help
- Thorough Evaluation: We will carefully review your LTD policy and the circumstances surrounding your claim to determine if bad faith has occurred.
- Appeals: If your claim has been denied or benefits have been terminated, we will guide you through the appeals process and work to overturn the decision.
- Litigation: If necessary, we will not hesitate to take your case to court to pursue the compensation you deserve.
- Maximizing Benefits: We will work to ensure you receive the full benefits you are entitled to under your LTD policy.
Long-Term Care (LTC) Bad Faith
Long-term care (LTC) insurance covers the costs of assisted living, nursing home care, or in-home care for people who are unable to perform certain activities of daily living due to illness, injury, or aging. However, LTC insurers may engage in bad faith practices by denying valid claims, delaying claim processing, or offering inadequate benefits.
How Our Attorneys Can Help
- Claim Evaluation: We will thoroughly review your LTC policy and assess the circumstances of your claim to determine if bad faith has occurred.
- Appeals: If your LTC claim has been denied or benefits have been delayed, we will assist you in appealing the decision and advocate for your rights.
- Litigation: If a fair resolution cannot be reached without litigation, we will take your case to court and fight for your rights. Our skilled negotiators will work to reach a fair settlement with the insurance company to ensure you receive the maximum benefits you are entitled to. If not, we will take your case to trial.
Life Insurance Bad Faith
Life insurance provides financial protection to beneficiaries if the policyholder dies. However, life insurance companies may engage in bad faith practices by denying valid claims, delaying claim processing, or offering inadequate benefits to beneficiaries.
How Our Attorneys Can Help
- Claim Investigation: We will thoroughly investigate the circumstances surrounding the denial or delay of your life insurance claim to determine if bad faith has occurred.
- Appeals: If your life insurance claim has been denied, we will guide you through the appeals process and fight to overturn the decision.
- Litigation: We will not hesitate to take your case to court and advocate for your rights.
- Maximizing Benefits: We will work diligently to ensure that you receive the full benefits you are entitled to under the terms of the life insurance policy.
Contact Our Plaintiffs Bad Faith Insurance Lawyers in San Diego Today
We understand the frustration and stress of dealing with insurance companies that act in bad faith. If you believe your insurance provider has unfairly treated you, our team of experienced plaintiffs bad faith insurance lawyers in San Diego is here to help. Contact a plaintiffs bad faith insurance attorney in San Diego at 818-886-2525 to schedule a free consultation. We will review your case, explain your legal rights and options, and provide you with the guidance you need to pursue justice.
We are people helping people, and we are here for you.
Attorney Glenn R. Kantor
Glenn Kantor is a founding partner of Kantor & Kantor LLP. As a young attorney, Glenn saw the injustice of wrongful insurance denials and created a law firm to represent individuals seeking to obtain their rightful benefits. Glenn is committed to ensure that clients receive the benefits they are entitled to under their insurance policies or group health plans. [Attorney Bio]
