CLARK AND ASSOCIATES - SAN DIEGO ATTORNEY - INSURANCE BAD FAITH LAWYER

Insurance Bad Faith Attorney

Every contract contains what is called an "implied covenant of good faith and fair dealing," where neither party will do anything to injure the right of the other to receive the benefits of the agreement. For public policy reasons, California has determined that an insurance company’s failure to abide by this implied covenant should subject the insurance company to additional liability. There are similar laws in other states, but the law originally developed in California, remains strong and viable, and can be a very effective and powerful tool for an insured.

Insurance bad faith is often associated with punitive damage awards against insurance companies. If an insurance company acts in bad faith it may, but not always, be subject to punitive damages. The law of insurance bad faith essentially requires an insurance company to act fairly and in good faith towards its policyholders and to consider the interests of its policyholders equal or greater than its own interests. It also prohibits an insurance company from denying or delaying a claim unreasonably or without proper cause.

If an insurance company breaks this law, the policyholder can collect more than what is contractually owed under the policy. The policyholder can collect the insurance policy benefits and in addition, collect all damages caused by the unreasonable denial of benefits or unreasonable delay in processing the claim, including such damages as emotional distress, economic losses and attorney fees. As a client of Attorney R. Craig Clark and Associates’ you can rest assured that our aggressive lawyers will combine their expert knowledge of the law with exemplary litigation and trial skills to produce a lucrative result in your favor.

If the insurance company acts in an outrageous or malicious manner, then punitive damages can also be awarded by a jury. Attorney R. Craig Clark and Associates’ will recover every last cent owed to you under the law.

It is important to realize that not every wrongful denial of benefits amounts to bad faith. A simple erroneous denial of benefits, without more, is merely a breach of the insurance contract and does not constitute insurance bad faith. It is only where the delay or denial of benefits is unreasonable, without proper cause, outrageous or malicious that damages beyond the policy benefits themselves can be recovered in court. However, if you as a policy holder feel that you have been seriously wronged, it is in your best interest to contact our law office as soon as possible. We will determine the severity of your situation, and determine how much in damages you are entitled to recover. The basic principle is that the more reprehensible the insurers conduct, the greater damages can be awarded to an injured policyholder.

If you or a loved one has been the victim of a bad faith insurance claim Attorney R. Craig Clark and Associates’ are dedicated to obtaining the highest possible reward for their clients. They will fight aggressively for your rights.