Injury & Accident Attorneys Serving Oklahoma City, Edmond, Norman & All Of Oklahoma
When you pay monthly premiums, you expect the insurance company to provide you with the protection detailed in your policy. Unfortunately, insurance companies don’t always play fair, leaving the insured unprotected or underprotected when they file a claim.
If you suspect your insurance company is violating the terms of your policy, attorneys at Johnson & Biscone, P.A. can build and insurance bad faith claim on your behalf. Please call 405-232-6490 today for a free consultation. Our law firm serves clients throughout the Oklahoma City area, including the nearby communities of Edmond, Norman, and more.
What Is Insurance Bad Faith?
Insurance carriers have a duty to policyholders. When you buy an insurance policy, the insurer agrees to provide you with a specified amount of coverage for your home, vehicle, or well-being (to name a few prominent examples) in exchange for timely payments of your premiums. Bad faith occurs when the insurance company breaches its duty to you, the policyholder.
In Oklahoma, simple negligence doesn’t necessarily constitute bad faith. Instead, your attorney must make the case that the insurer breached its duty of negotiating with you in good faith. Examples of bad faith and unfair dealing include:
- Denying a reasonable claim without adequate cause
- Underpaying a legitimate claim
- Failure to investigate claims
- Failure to provide a basis for denial in writing
- Failure to provide payment for a claim in a reasonable timeframe
The insurance claims process is complicated. Large insurance companies have sizable legal teams who represent the interests of their employer, not the policyholders. You need experienced legal counsel to act on your behalf in insurance bad faith cases. Find out how Johnson & Biscone, P.A. can help.
What Is an Act of Insurance Bad Faith?
Examples of insurance bad faith include but are not limited to:
- Failure to properly investigate a claim
- Unnecessary delays in processing a claim
- Unreasonable claim denial
- Misrepresentation of benefits
- Failure to pay the total amount due
- Refusal to defend
If you believe your insurance provider is not treating you fairly, it is a good idea to consult with an experienced insurance bad faith lawyer to determine if you have reason to take legal action.
What Are the Elements of a Bad Faith Claim?
First, the policyholder must show that a valid claim was filed under the policy. Then the claim was delayed or denied by the insurance company in bad faith.
You might have the right to take legal action even if insurance bad faith did not result in additional hardships or damages. Talking to an attorney will help you understand your options.
What Is the “Duty to Defend”?
The Duty to Defend is a contractual obligation that requires liability insurers to cover the legal fees for personal injury defense.
When you are involved in an accident, you are required to report it to your insurer promptly. When you are potentially liable for an accident and report it on time, your insurer must appoint and pay for your legal defense unless you choose to select your own counsel.
What Do I Do if My Insurance Company Is Acting in Bad Faith?
If you suspect your insurance company is acting in bad faith, discussing your case with an attorney is helpful. Having a lawyer on your side helps protect your best interests and ensures that bad faith issues are handled swiftly.
How Do I File an Insurance Bad Faith Lawsuit?
If you believe you have been dealt with in bad faith, the first step in filing a lawsuit is getting in touch with our office. During your free case review, we will review your policy information, documentation, and communications regarding your claim, and help you determine the next best steps.
If legal action is necessary, our firm will take care of filing your claim.
What Damages Can be Recovered in an Insurance Bad Faith Lawsuit?
Damages that may be sought in a bad faith lawsuit include:
- Contractual Damages
- Extra-contractual Damages
- Punitive damages
Punitive damages are very rarely awarded, but each case is unique. Damages sought will depend on several determining factors, including the type of claim in question. During your initial consultation, we can discuss this in greater detail to help you understand what you may be entitled to seek.
Why Choose Johnson & Biscone
Our lawyers at Johnson & Biscone have decades of experience representing clients in interactions with insurance companies. We have helped many clients pursue maximum compensation in claims against a negligent driver’s insurance company for injuries sustained in a car accident, but we also represent plaintiffs in first-party insurance claims after they sustain an injury or property damage.
Our insurance bad faith attorneys help you with the following:
- Investigate your claim: One of our lawyers speaks to you at your first consultation, and you will communicate with that attorney – not a legal assistant or paralegal – throughout your case.
- Pursue full damages: The losses you suffer in an insurance bad faith case are financial. Our lawyers strive to maximize damages for the financial hardships you’ve suffered as a result of insurance company bad faith.
- Provide you with compassionate support: Filing an insurance claim is frustrating enough by itself without having to spend additional time fighting an underpayment or claim denial. When you work with Johnson & Biscone, P.A., our attorneys are in your corner. We have the skills and experience to handle the complexities of insurance litigation on your behalf.
In addition to first-party insurance claims involving home, auto, and health insurance, our attorneys also help injured workers pursue bad faith claims against insurers providing workers’ compensation coverage. Our experience in workers’ comp matters is vast, and we are proud to help clients attain the benefits they need after an on-the-job injury.
Contact Our Insurance Bad Faith Lawyers for Free
Don’t accept an insurance company’s lowball offer or denial. If you have a legitimate claim, Johnson & Biscone, P.A. will act on your behalf and pursue the full recovery to which you are entitled.