Insurance Bad Faith
If you believe that your insurance carrier has acted in bad faith by wrongfully denying an insurance claim, you may have a case under Pennsylvania’s Unfair Insurance Practices Act, 40 P.S. Section 1171.1 et seq. and Insurance Bad Faith in violation of 42 Pa. C.S. §8371. Davant & Associates has successfully litigated numerous Insurance Bad Faith cases. Insurance Companies will all too often deny a claim for an unfounded or arbitrary reason in hopes that you will simply accept an abusive and wrongful denial of insurance coverage. According to the Pennsylvania Supreme Court, a denial of coverage is the standard for bringing an action against an insurance company for bad faith. However, an insurance company may be held liable for other acts such as fraud, fraudulent concealment, fraudulent misrepresentations and violations of other laws such as the Unfair Trade Practices and Consumer Protection Act, 73 Pa. Cons. Stat. §201-3, violations of Racketeer Influenced and Corrupt Organizations Act, 28 USC §1964(c), and other potential statutory and common law causes of action.
Davant & Associates will thoroughly investigate your claims of insurance bad faith and seek to hold any and all insurance companies responsible for violations of its express and implied contractual and fiduciary duties. If an insurance company is being unreasonable, dishonest or is fraudulently denying a legitimate claim, we will make sure that they are held to account for their actions. Davant & Associates will also insure that your claim is investigated by the Pennsylvania Department of Insurance. The Insurance commissioner is invested with certain powers by the Unfair Insurance Practices Act, 40 P.S. Section 1171.1 et seq. and may piunish those insurance companies and its representative who violate the law. If you believe that an insurance carrier has acted in bad faith, it is important to make a claim with the Insurance Department. A claim may be made in letterform to the Pennsylvania Insurance Department and it will be investigated.
The local office in Pittsburgh is:
Pennsylvania Insurance Department
300 Liberty Avenue
304 State Office Building
Pittsburgh, Pennsylvania 15222
Many insurance companies actually have instruction manuals explaining to their agents and representatives how to avoid paying on claims. Davant & Associates will zealously pursue any insurance company attempting to avoid its financial obligations. An insurance company may be held liable for bad faith in any of the following circumstances:
- Low Bailing- a common practice employed by the insurance industry in making unreasonably low offers to compensate for damages under a claim;
- Delay or denial of a claim without legitimate reason;
- Underpaying a claim for a covered loss;
- Failing to pay a claim for a covered loss;
- Ambiguous policy wording;
- Failure to investigate or perform due diligence;
- Breach of fiduciary duties;
- Failure to timely investigate claims;
- Causing delay in necessary medical treatment;
- Delay in payment while waiting on a settlement with a third party insurer;
- Refusing a settlement offer and then losing in Court for an amount larger than is provided for in a policy limit;
- Errors or omissions on the part of insurance brokers or agents that impact a policy holders ability to collect;
- Negligence, bad faith or fraudulent practices with respect to insurance policies or insurance coverage.
- Denying a claim without investigation.
Davant & Associates is currently investigating the practices of Sun Life Financial, Sun Life Assurance Company of Canada and others with regard to a pattern of practices that may result in a lawsuit.
If you have been the victim of bad faith, negligence or fraud related to insurance coverage or an insurance policy we would like to hear about it. Davant & Associates will fight for all the money damages you deserve as a result of your damages caused by a bad faith insurance company. We will thoroughly investigate your claim, document and gather evidence, have appropriate experts review your records and vigorously pursue your case. If you are the victim of an insurance company’s bad faith, negligence and or fraud, you deserve to be compensated!