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Purchasing insurance can provide invaluable peace of mind. While nobody enjoys paying premiums, there is a great benefit to knowing that if something bad happens and critical assets are damaged or destroyed, the insurer will provide fair payment according to policy terms.
However, there are times when carriers refuse to uphold their end of the bargain without good cause. If you are facing such a scenario, rest assured an experienced Nashville bad faith insurance lawyer may be able to help. A seasoned attorney from our legal team could work with you to identify any bad-faith violations of your policy agreement by a Nashville-area insurance company and file suit for appropriate compensation.
Given the fact-intensive nature of insurance claims, it can be difficult to define precisely what type of carrier conduct rises to the level of bad faith. Genuine disagreement about the validity of claims and subsequent denials may often be insufficient to establish actual bad faith.
Generally speaking, however, bad faith on the part of an insurer is characterized by a carrier’s demonstrable indifference to or blatant disregard for the interests of the insured party. Carriers may put forth various counterarguments in order to disguise what is actually a bad faith denial of a claim. These could include assertions that:
As provided by Tenn. Code Ann. §56-7-105, insurance carriers who are found to have acted in bad faith in handling a policyholder’s claim can be subject to penalties of up to twenty-five percent of the insured party’s loss. This penalty amount may include any additional expenses incurred or losses you suffered because of the insurer’s denial or delay.
It should be noted that in order to properly commence a bad-faith insurance action in Nashville with or without a lawyer’s help, you must indicate that your insurance policy is due and payable under its terms, that a formal demand for payment was made, that you waited sixty days after demanding payment before filing suit, and that the denial was in bad faith. The sixty-day waiting period does not apply, however, if an outright refusal to pay was issued before that time period has passed.
It can sometimes be difficult to determine whether a carrier’s actions constitute actionable bad faith. However, the commission of one or more of the following acts can be useful evidence in many cases:
Speak with a Nashville bad faith insurance lawyer today to learn more about how an attorney could help your situation.
Concretely establishing bad faith handling of an insurance claim is a challenging endeavor. Because insurance policies contain lots of fine print, deadlines and procedural hurdles, it may be important for you to seek the assistance of a seasoned lawyer who knows how bad-faith insurance cases in Nashville often go.
The frustrating sense of betrayal that comes from bad faith denial of an insurance claim is something no policyholder should ever experience. If payment on your claim was wrongly refused despite your dutiful payment of premium amounts, now is the time to enlist the advocacy and insight of our hard-nosed legal team. Call today to schedule a consultation with a Nashville bad faith insurance lawyer.