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How To Prove Insurance Bad Faith

Mar 29, 2021

DL Law Group

Explained By Our Insurance Bad Faith Lawyers In San Francisco

Insurance companies have an essential function in our society. We depend on insurance companies to reimburse us when we are sick or when we suffer property damage. When we pay our monthly premiums to insurance companies, we rightfully expect our policies will be there to offer a helping hand when we need them most. Unfortunately, insurance companies do not always fulfill their contractual obligations.

As experienced insurance bad faith lawyers, we know that insurance companies routinely deny valid claims. Insurance bad faith is against California state law. You may be able to hold insurance companies accountable for bad faith.


What Is Insurance Bad Faith?

There is no universal definition for insurance bad faith. States have varying insurance laws. However, insurance bad faith cases generally involve insurance companies who engage in unfair or unreasonable business practices. Denying valid claims is an example of insurance bad faith. When an insurance company breaches its duty of good faith during the claims process, it is a violation of California state law.

There are a few elements to a bad faith claim:


  1. The insurance company withheld benefits under the policy. However, you must demonstrate that you had a valid claim and that the insurance company still denied the claim.
  2. The insurance company did not have a sufficient reason for denying benefits. If the insurer did not act within reason when denying your claim, then it may be insurance bad faith.


Possible examples of insurance bad faith may include:


  • An insurer that engages in deceptive business practices.
  • An insurance company that fails to respond to a valid insurance claim.
  • An insurance company that fails to provide justification for denying a claim.

Each case is going to be different. We strongly encourage you to contact our insurance bad faith attorneys for a free consultation. We can help you determine if insurance bad faith occurred under California law.


How to Prove Insurance Bad Faith

It goes without saying that you should have a good understanding of how your insurance policy works. Consider reading the fine print. Some attorneys will even help you understand your insurance policy as a service. You should make sure that what you are requesting a claim for is covered by your insurance policy. The additional tips below may help with an insurance bad faith claim in California.


  • Keep detailed records. Keep records of all communication with your insurance company. Every phone call, every email, every voicemail. Make sure you have information such as who you spoke with, what was discussed and what time the conversation took place. Be sure to write down this information.
  • Appeal the denial. You can appeal a denial from your insurance company. Your provider must adhere to strict procedural rules during the appeals process. You can also send a demand letter to the insurance provider.
  • File a bad faith complaint. You should also consider hiring a lawyer to file an insurance bad faith claim. An insurance bad faith lawyer can make sure your claim is properly filed and can review the available evidence.


Can You Sue an Insurance Company for Bad Faith?

It depends. Our San Francisco insurance bad faith attorneys can help you review your possible legal options. We can help you determine which steps you would need to take to file an insurance bad faith lawsuit in California – or if it would even be an option.


Contact Our Insurance Bad Faith Attorneys in San Francisco for a Free Consultation

DL Law Group can help if you want to learn more about legal options for resolving insurance bad faith. Contact us if you have questions about how to prove insurance bad faith. You can contact our San Francisco insurance bad faith lawyers for a free consultation by dialing (888) 910-3980 or by using the case review form on our site.

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