Chattanooga Bad Faith Insurance Attorneys
Those who diligently make insurance premium payments have a right to expect that their claims will be fairly and promptly paid in the event of a loss.
There may be some instances in which an insurer fails to meet its contractual obligations and does so in the absence of good cause. Hiring a Chattanooga bad faith insurance lawyer may be crucial for you to get the benefits you deserve. If your claim experience has been marked by frustration, delay, or denial, a skilled and experienced attorney at Employment and Consumer Law Group are prepared to assist.
Bad Faith Handling of Insurance Claims
Insurance claims could arise in seemingly limitless scenarios. It may be challenging to ascertain exactly what type of actions on the part of a carrier constitutes bad faith. There may certainly be times when the scope or validity of a claim could be rightly called into question by an insurer in good faith.
If a carrier demonstrates indifference or substantial disregard for your interests as the policyholder, an allegation of bad faith handling of the claim may gain credence. It is common for insurance personnel to employ subterfuge to prevent accusations of bad faith from disgruntled claimants. Such strategies may include:
- Accusations that the claimed expenses are excessive or unfounded
- Assertions that the coverage cited does not suit the type of claim lodged
- Claims that the insured party did not meet the terms of the policy
- Statements that unpaid premiums resulted in the cancellation of the coverage
A Chattanooga employment lawyer could help a person fight any bad faith insurance claims insurers may use.
Statutory Penalties in Chattanooga
As a seasoned attorney may know quite well, bad faith handling of insurance claims in Chattanooga might not come without risk for the carrier. Under Tennessee Code Annotated §56-7-105, insurance companies deemed by the court to have engaged in such practices could expect to pay penalties of an additional 25 percent on top of the policyholder’s total loss. This may include consequential losses stemming from the original delay or denial.
There are a series of requirements an aggrieved policyholder may need to meet if they wish to initiate a lawsuit under the above-referenced provision. As a prospective plaintiff, you may need to:
- Demonstrate that the policy at issue was due and payable pursuant to its express terms
- Show that a formal payment demand was in fact made
- Wait a period of 60 days after making a payment demand to commence the action
- Assert that the claim denial was made in bad faith
If an insurer directly refuses to pay on a claim prior to the expiration of the aforementioned 60-day time period, it may not be necessary to wait before filing suit. To determine the appropriate time to file a claim, plaintiffs could speak to a bad faith insurance lawyer in Chattanooga.
Ways to Spot Bad Faith in an Insurance Claim Context
Not every denial of a Chattanooga insurance claim may involve bad faith on the part of a carrier or necessitates getting an experienced lawyer involved. There may still be several kinds of conduct that may indeed be evidence of improper handling of a claim as prohibited by Tennessee state law. These could include:
- Failure to ever fully investigate the claim
- Lack of return phone calls/emails
- Requests for large amounts of redundant documentation
- Refusal to participate in claim settlement talks
- Utilizing experts and investigators who are not impartial
- Carrier asserts defenses to payment it knows to be improper
Securing Aggressive Advocacy from a Bad Faith Insurance Lawyer in Chattanooga
Effectively demonstrating bad faith on the part of an insurance carrier is rarely a simple or straightforward task. If you suspect your claim was denied unjustly and are ready to seek justice, a Chattanooga bad faith insurance lawyer from our firm could work with you to pursue appropriate penalties, consequential damages, and interest amounts. To get started on your case, pick up the phone and call us today.