Bad faith insurance claims allow individuals and entities to claim compensation for damages suffered, or potentially suffered, when an insurance company limits or denies coverage without proper notification or justification. This can occur when an insurance company unjustifiably denies or avoids a claim, when they purposely undervalue a claim, or when they improperly delay payment of deserved benefits. The causes of these issues can range from insurance company incompetence to arrogance. However, bad faith insurance claims require significantly outrageous conduct, not merely conduct based on a reasonable disagreement or honest mistake. The first course is to acquire solid evidence in your favor, and to use that information to negotiate a better or expedited resolution. We are experienced in gathering and presenting evidence in the light most favorable to your position.
If the company refuses to act or negotiate in good faith, a bad faith insurance lawsuit can provide discovery of previously undisclosed insurance company information which can show improper insurance company behavior. This information can be used to encourage settlement, or at trial. To dissuade pursuit of bad faith insurance claims, insurance companies often vigorously defend such actions.
Claims against insurers in North Carolina can be through breach of contract actions and through North Carolina’s Bad Faith insurance statute, which is enforced through the North Carolina Unfair and Deceptive Trade Practices Act (“UDTPA”). This is significant, because UDTPA potentially allows recovery of attorney fees in addition to damages.
It is important to have an attorney experienced in bad faith insurance claims analyze your evidence to determine the best course. Call today to schedule an appointment to review your case.
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