The law stipulates that insurance companies must deal with their policyholders in good faith and act in a fair manner, not depriving the insured of the benefits that the policy brings. Unfortunately, many insurance companies do not live up to this standard. They have been known to deny claims before even conducting a thorough investigation in addition to fighting medical diagnoses and challenging each and every loss claimed. They do all this as they attempt to negotiate a settlement that lets them off easy, leaving you with less than you deserve or were entitled to. Our firm holds insurance companies accountable and makes them abide by relevant laws and statues.
We bring claims against all major insurers and review major disabling medical conditions. Sometimes this involves the insurer admitting an injury while disputing its severity. Other times it may involve a disease the insurance company would rather deny their policyholder has, such as Crohn’s Disease or Multiple Sclerosis.
First, we will gather all the necessary evidence for your claim. This can include W-2s, medical records and bills, and other important documents that can show the totality of your economic losses. This way the insurance company cannot claim they were unaware of your injuries and associated losses. Then we will consult with the appropriate medical professionals to make sure you get the care that you need. And finally, we will interpret insurance policies in your favor. We won’t let the insurance company do the interpreting in a way the benefits only their own interests.
Most lawsuits filed by individuals against insurance companies involve the legal claims known as breach of contract and bad faith.
Breach of contract refers to an insurance company not paying a claim they should have paid. This constitutes a breach of the agreements that were established when the policyholder purchased a policy from the insurer and means the insurance company still has a responsibility to pay the claim in full.
Bad faith is defined as a breach of duty towards an individual for one’s own personal gain. In this context, that would take the form of an insurance company denying a claim without a good reason for the simple fact that they would benefit by not having to pay a settlement.
Pennsylvania law allows for a claimant to recover additional damages on top of what they are owed, such as punitive damages and attorney’s fees, in the event they are able to prove “bad faith” by the insurance company. There are many different means by which one may show unreasonable claims handling. It can be done by closely examining every part of the insurance claims file, by deposing the insurance claims adjusters or those who manage them, or even by serving a subpoena for the internal policies of the company. Using this information, it can then be shown how the insurance company violated basic requirements for its policies.
If you have a disability case and need quality representation, contact our law office today.