Kentucky Insurance Bad Faith

Insurance Bad Faith Attorney

Insurance coverage is a part of our everyday lives now. We insure our cars, homes, life, health and personal assets. It is not uncommon for someone to pay several thousand dollars in insurance premiums every year, to ensure that they and their loved ones are protected. If you pay for insurance, then you are entitled to the coverage that you paid for.

The Kentucky Supreme Court recognized the important role that insurance coverage plays in our lives. In Curry v. Fireman’s Fund Insurance Co., the Court stated: “From cradle to grave individuals willingly pay premiums to insurance companies to obtain financial protection against property and personal loss.  Without a reasonable means to assure prompt and bargained-for compensation when disaster strikes, the peace of mind bought and paid for is illusory.

 Unfair Claim Practices

Every insurance company has a duty to handle claims in “good faith.” This means that when you make a claim, you should expect the coverage that was promised, professionalism from the claims adjuster and that your claim is processed within a reasonable time period. When an insurance company fails to handle the claim fairly, then you may have a claim against that company for bad faith, also called unfair claims practices. This responsibility applies whether it is your own insurance company or the insurance company of another party that caused damage to you.

But when you are making a claim with your own insurance company, your company must treat your interests equal to its own. Your insurance company must be fair to you and assist you with your claim. Your insurance company cannot treat you as an adversary. If your insurance company fails to honor these duties, in addition to the value of your original claim, you may have the right to recover other expenses that resulted from the denial of your claim, interest, attorney’s fees and punitive damages.

Not every claim denial is a “bad faith” case. Sometimes there are legitimate reasons for an insurance company to deny a claim. But if you believe that your insurer has acted unfairly and has no basis to deny or delay your claim, contact Lowder & McGill. We have the knowledge and experience to help you.