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You faithfully pay your insurance premiums, secure in the knowledge that you are protected in times of need. Then, when the unexpected happens, you file a claim only to face roadblocks, delays, or outright denials from your insurance company. Unfortunately, it is a scenario that plays out far too often, leaving individuals and businesses feeling helpless and betrayed by the entities they trusted to have their backs.

From unjust claim denials to unreasonable delays in claim processing, we understand how insurance bad faith can impact the lives and livelihoods of those affected. That is why we are committed to providing unwavering support and steadfast advocacy to help our clients secure the compensation and justice they deserve.

At Kantor & Kantor, we understand the frustration, anger, and uncertainty accompanying such situations. We have seen firsthand the toll insurance bad faith can take on people’s lives and livelihoods. That is why we have dedicated our practice to standing up for the rights of policyholders who are entangled in insurance companies’ disputes. Schedule a free consultation at 415-943-2117, and let us advocate for you.

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.

Signs Your Insurer Is Acting in Bad Faith

Here are some common indicators that your insurer may be acting in bad faith:

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.

Do you need an insurance bad faith attorney in San Francisco? Contact Kantor & Kantor at 415-943-2117 to book a free phone, video, or in-person consultation.

What Should I Do if My Insurer Has Acted in Bad Faith?

Here is what you should do if you suspect your insurer has acted in bad faith:

  • 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 Francisco Bad Faith Insurance Attorney: Contact our experienced bad faith attorneys in San Francisco. 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.

Damages You Can Get in Insurance Bad Faith Cases

Filing a claim against an insurance company for engaging in bad faith practices can help you collect the funds you were wrongfully denied. Additionally, such claims may result in compensation for other losses.

Contractual damages pertain to the claim’s actual value and what your policy should have rightfully covered, given your specific circumstances. Interest may be included in the amount owed to you as the policyholder in certain instances.

When a claim is unjustly delayed, denied, or only partially paid, it can lead to further losses. Extracontractual damages often include both financial and non-financial losses. For instance, if a denied insurance claim forced you to borrow money to cover household expenses or medical bills, you may be entitled to recover the interest accrued on that debt. Non-financial losses might include emotional distress.

Punitive damages may be granted under specific circumstances. These damages are intended to penalize wrongful actions and are not contingent upon the losses suffered by the policyholder. Our bad faith insurance attorney in San Francisco can review the specifics of your situation and discuss the potential damages you may be eligible to receive.

Why Choose Us?

When navigating the complexities of insurance bad faith cases in San Francisco, choosing the right legal representation can make all the difference. At Kantor & Kantor, we understand that you have options when selecting a law firm to represent your interests. Here are several reasons why choosing us sets you on the path to success:

Tailored Knowledge

Insurance bad faith cases require a nuanced understanding of insurance law and the tactics employed by insurance companies. Our bad faith attorneys in San Francisco focus on insurance bad faith litigation, giving us a unique advantage in advocating for our clients’ rights. With our depth of knowledge and experience in this area of law, we are well-equipped to navigate the complexities of your case and pursue the best possible outcome.

Proven Track Record

We take pride in our track record of success in securing favorable outcomes for our clients. Our firm has a long history of achieving significant settlements and verdicts in cases involving insurance bad faith. We approach each case with a strategic mindset and a relentless commitment to achieving justice for our clients. When you choose Kantor & Kantor, you can trust that you are putting your case in capable hands.

Personalized Attention

Unlike firms where clients may feel like just another case number, we prioritize building strong, personal relationships with our clients. You can expect open communication, regular updates on your case, and compassionate support throughout the legal process. Your needs and goals are our top priority, and we will work tirelessly to achieve the best possible outcome for you.

Client-Centered Approach

Our firm is founded on the principle of putting our clients’ interests first. We believe in transparency, integrity, and ethical advocacy in everything we do. From the initial consultation to the resolution of your case, we will guide you with honesty and integrity, ensuring that you are fully informed and empowered to make decisions that are in your best interests. We are committed to providing compassionate representation that prioritizes your well-being and seeks to minimize the stress and uncertainty often associated with legal proceedings.

How We Can Help with Your Case

Navigating an insurance bad faith case can be complex, but you do not have to face it alone. Here is how we can help:

  • 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.

Contact Our San Francisco Bad Faith Insurance Lawyers Today

If you have encountered difficulties with your insurance company, whether it is a wrongful claim denial, delayed processing, or an unfair settlement offer, our bad faith insurance lawyers are here to help.

Do not let insurance companies take advantage of you. Take the first step toward protecting your rights by contacting Kantor & Kantor for a free consultation. Our San Francisco bad faith insurance attorneys are ready to listen to your concerns, answer your questions, and provide you with the skilled representation you need to pursue justice.

Schedule a free consultation at 415-943-2117 and let us advocate for you.
Attorney Glenn Kantor, California

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]