(303) 757 3300 | (303) 757 3206  

Blog Home

More:

  • You are currently browsing the archives for the bad faith insurance category.










Archive for the ‘bad faith insurance’ Category

Good Faith and Bad Faith Insurance: What It Means to You

Friday, January 15th, 2010

When you file an insurance claim with an insurance company in Colorado, that company owes you a duty to act in good faith. This means that the insurance company must not look for ways to escape its obligation to investigate the claim or to pay you. Doing so would constitute bad faith. Bad faith claims and lawsuits may stem from a number of actions or failures to act by insurance companies. Here are some causes for legal action against bad-faith insurance companies:

  • Unfair denial of coverage
  • Failure to communicate important information to the claimant
  • Failure to conduct a reasonable investigation of an insurance claim
  • Refusal to pay a claim without investigating
  • Failure to deny or pay a claim within a reasonable period of time
  • Failure to confirm or deny coverage within a reasonable period of time
  • Failure to attempt to come to a fair and reasonable settlement when liability is clear
  • Offering substantially less money to settle than the true value of the claim
  • Failure to promptly provide a reasonable explanation for denial of a claim
  • Failure to enter into any negotiations for settlement of the claim
  • Failure to respond to a time-limit demand
  • Failure to disclose policy limits

What is Good Faith?
An insurance company has a duty, or legal obligation to its policyholders. A breach of this duty – or bad faith – can occur when an insurance company improperly refuses to defend a lawsuit or improperly refused to pay a judgment or settlement of a covered lawsuit. The duty of good faith means that your insurance company must:

  1. Adjust your claim (either pay it or deny it) within a reasonable time
  2. Must cooperate with you regarding the claim (respond to your letters and phone calls)
  3. Must tell you in writing precisely why it is denying the claim, specifying each contract term or provision upon which it relies
  4. Must attempt to find a basis to pay the claim rather than find reasons to deny it
  5. must (as the duty itself states) “play fair” with you

If your insurance company has failed to abide by its duty of good faith, you may be able to take legal action.

Should I Contact an Attorney?

Fighting your insurance company may seem like a David and Goliath scenario. Don’t be afraid to assert your rights. If you suspect that your insurance company has engaged or continues to engage in bad faith practices that have caused you harm, you may be able to take legal action. Insurance companies always have legal representation of their own: law firms that devote all of their time and effort to advancing the interests of insurance companies, so it’s imperative that you get you contact a skilled and aggressive attorney. Don’t take on the insurance company alone! If you have been the victim of bad faith insurance, contact an experienced Colorado attorney today!

About Frank D. Azar & Assoc.

From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.

In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.

Please read this disclaimer before using any information on this website.

This website is intended to supply general information to the public. We try to insure the accuracy of all of the content, but cannot and do not guarantee that every item is accurate or up to date. Laws change quickly, so the website user should always do further research to make sure that legal information of any sort is up-to-date and accurate before acting upon it. The information on Franklin D. Azar P.C.'s™ web site is not, and is not intended to be legal advice. The only advice we give you is do not take or omit to take any action based solely on this web site's™ information.

In addition, the legal information provided at this site is general's™ not specific. The website user should never assume that this information applies to his or her specific situation without consulting competent counsel in the state in which he or she is doing business. We will not represent anyone who learns about us through this website in a state where the website fails to comply with all laws and ethical rules. We provide you this information to inform you about legal issues of current interest and about services we offer our clients. We assume no obligation to update the information.

This website is intended to provide useful information. Your visiting our web site does not create an attorney-client relationship. The website user should not consider this information alone to be an invitation for an attorney-client relationship. E-mail communication with an attorney via this website connection does not, in and of itself, establish an attorney-client relationship where none has previously existed. We do not intend any links on our website to be referrals to or endorsements of the linked entities and Franklin D. Azar, P.C. makes no representations of any kind with respect to those other web sites. The use of Internet e-mail to convey confidential or sensitive information is discouraged.