Stepping In When Insurance Claims Are Denied In Bad Faith

In California, the unreasonable denial of insurance claims is called “bad faith.” California law empowers policyholders to recover additional money – above the value of the claim – from insurers who deny claims in bad faith. An insurer who denies a claim in bad faith and in conscious disregard of the policyholder’s rights may also be required to pay punitive damages.

If you believe your insurance claim has been unfairly denied, we can help. Our attorneys, James R. Kristy and Kurt Edward Kananen, are dedicated to helping our clients get the compensation to which they are entitled under their insurance policies. We have litigated bad faith claims for over 20 years. At our firm, Kristy & Kananen, we represent insurance policyholders, both individuals and businesses, whose claims have been denied in bad faith. We hold insurance companies responsible for the wrongful denial of claims.

Types Of Bad-Faith Claim Denials

Insurers unfairly deny claims in different ways, including:

• Offering lowball payments to compensate for a loss
• Unreasonably delaying payment
• Avoiding paying for a loss based on “exclusions” in their policies, even when they know the claim is covered under the policy
• Failing to timely and properly adjust a loss
• Other unfair claims-handling practices to cheat consumers out of policy benefits

Worst of all, insurers count on the policyholder to feel powerless and take no action against them.

Kristy & Kananen fights for the rights of policyholders – individuals and businesses – in cases involving unfairly denied claims, including property damage claims (individual, homeowner and commercial), health insurance claims, life and disability insurance claims, liability insurance claims and other claims that are warranted under the policy in question.

How Do We Prove Your Insurance Company Was Operating In Bad Faith?

Bad faith insurance practices can take many forms, so every case is unique. Our experienced team can help you ask the right questions and gather evidence to expose these bad faith practices and show that you had a legitimate claim.

First of all, is the denial plausible? If the insurance company has invented reasons to deny your claim or misrepresented the terms of the contract – such as claiming that you do not have coverage when you know that you do – it could be an example of bad faith. Not all claims have to be approved, but the insurance company does have to be honest and uphold the contract they signed with each client, rather than denying legitimate claims simply to save money.

One thing to look for is whether the insurance company changes the reasons for the denial. Perhaps you were originally denied because the insurance company wanted to see more evidence. After you provided additional evidence, they then claimed that your policy didn’t actually cover that type of claim anyway. Are they being honest, or are they simply seeking any excuse to deny your completely valid claim?

Another thing that an insurance bad faith attorney will look for is if the insurance company is refusing to communicate with you or creating unreasonable delays. They may be hoping you get fed up and drop the claim, which is unfair to you if you need those insurance benefits and were entitled to them.

Finally, you may want to ask if the insurance provider even did their due diligence. How deeply did they look into your claim? Did you meet with an adjuster? Did they examine the evidence carefully, or was your claim just denied outright? If the insurance provider failed to investigate the claim and simply denied it or delayed the process for no reason, it could be a violation of your rights.

Our law firm will help you consider how these unfair denials happen, gather the necessary evidence you need and take the appropriate action to seek the insurance payout you deserve.

Filing A Bad Faith Claim In Long Beach

A bad faith insurance claim may be necessary when an insurance company denies your legitimate claim. The process requires strategic planning, thorough documentation and legal expertise to navigate.

The first step in a bad faith claim is documenting interactions with your insurance. Copies of your policy, claim forms, correspondence or notes from phone conversations can be helpful. These records establish a timeline of events. They can demonstrate how the insurance company failed to fulfill its obligations.

Working with an experienced insurance lawyer who understands California’s insurance laws is crucial. A bad faith insurance lawyer can evaluate whether your insurer has acted in bad faith. Our attorneys have over two decades representing Long Beach residents in insurance disputes. We can determine if your case meets the legal standards for a bad faith claim.

California law requires insurance companies to conduct a reasonable investigation of all claims. If your insurer made a hasty denial without properly investigating your claim it could have operated in bad faith. Misrepresenting policy terms or offering a low settlement are also bad faith actions. Failing to provide a legitimate explanation for denial, may constitute bad faith.

Our Long Beach attorneys can help strengthen your case by:

• Analyzing your insurance policy to identify coverage obligations
• Investigating whether the insurer violated California insurance regulations
• Gathering evidence to demonstrate the insurer’s bad faith conduct
• Calculating the full value of your claim plus additional damages
• Preparing formal demand letters and required legal notices
• Filing a lawsuit if the insurance company refuses to negotiate fairly

When you work with Kristy & Kananen, we handle all communications with the insurance company. We can prevent them from using your statements against you or pressuring you. Our goal is to recover the benefits you were wrongfully denied. We can also seek additional compensation for financial hardship or emotional distress.

The statute of limitations for filing a bad faith claim in California is generally two years from the date of the wrongful denial. This timeframe can vary based on specific circumstances. It is important to consult with our Long Beach attorneys as soon as you suspect bad faith.

Learn More About Your Options

Get in touch with us today to schedule a free evaluation of your case. We represent insurance policyholders on a contingency fee basis, which means that our clients owe us nothing unless and until we recover money for them. If you believe your claim may have been handled unfairly, call Kristy & Kananen at 888-473-0934. You can also fill out this contact form to get in touch. Spanish language translation services are available.