Insurance Disputes

Lack of Good Faith and Fair Dealing, known more commonly as Bad Faith can take a variety of forms, but it basically comes down to this: when an insurance company fails to pay amounts it owes and does so without a reasonable basis, bad faith may exist. Your insurance company owes you a duty of good faith and fair dealing. Did your insurer or agent ever explain that to you? Most don't. This duty is imposed by law in every insurance contract in Oklahoma. Our Supreme Court created this valuable right to help level the playing field between multi-billion dollar insurers, who sell security and peace of mind, and working Oklahomans who pay premiums in good faith and expect like treatment when policy benefits are due. Bad faith usually occurs in two types of circumstances. First, if you have a claim and payment is owed to you. If the insurer refuses to pay or delays without reasonable cause, a bad faith finding may be made. Secondly, if a claim for injuries or harm is made against you, your liability insurance (auto, homeowners, etc.) may owe you a legal defense and payment of damages claimed. If your insurer unreasonably fails to protect you, bad faith may exist. Bad faith causes real harm to premium paying insured's and the law permitting you to recover 100% of the harm caused by bad faith. This includes out of pocket losses, emotional distress, humiliation and embarrassment and in a proper case, punitive damages. Seek legal advice to make sure that your rights are protected and to be certain that your insurance company was given a fair chance to pay what it owes and to do the right thing. Some examples of bad faith include the following:

Health Insurance ? When an insurance company fails to conduct a reasonable investigation or conducts a sham investigation, bad faith may follow. We have successfully represented clients who have been denied benefits without reasonable cause, including denial for experimental or preexisting condition.

Automobile Insurance ? This duty is owed on uninsured motorist, underinsured motorist, collision, comprehensive and medical payments insurance coverage.

Home Owners Insurance ? If your insurance company refuses to pay benefits due for damage or loss to your home or its contents or refuses to fairly and properly protect you if you are sued, the insurance company might be acting in bad faith.

Disability Insurance ? Failure to pay monthly disability benefits can damage a family suffering from loss of a wage earner income. Disability insurers have standard denials after two years of payments. Other insurers deny payment by relying on medical evidence prepared by the insurance company's own in-house medical staff, while ignoring the opinions of your treating physicians. Insurers who refuse to pay disability benefits can be liable for the actual benefits due, damages for emotional distress of your deprived of your benefits and punitive damages to punish fraudulent or oppressive conduct.

Agents ? An insurance agent can bind an insurance company to provide coverage promised by the agent, even if the contract you later receive contradicts the agents? verbal promises. Insurance agents are agents for the insurance company, not you, in such a dispute. The agent?s representations about what is covered may create a contract that can be enforced against the insurance company. Every insurer is required to know and apply Oklahoma law. Failure to do so, by ignoring contractual obligations created by its own agent, may lead to a bad faith finding.

If you believe that your insurance company is not paying for losses that should be covered under your policy, you should seek a legal opinion without delay.