In the State of California, it is a generally held belief that an insurance company is obligated to deal with its policyholders fairly, in good faith, and deal fairly when a claim is presented. Each insurance policy implies an obligation of good faith and fair dealing on both sides, so that neither party will injure the rights of the other party to receive the benefits due them based on the agreement.

If the insurer unreasonably denies benefits, tort laws could be violated and punitive damages would apply. Even if an employee of an insurance company believes that he or she is in the right, any sort of deceit or subterfuge is a violation of the principle of good faith. The requirements of good faith go even further: bad faith may be blatant or may consist of doing nothing when action should be taken and fair dealing may require more than just truthfulness. Examples of bad faith actions that have been recognized in judicial decisions are evasion of the bargaining spirit, lack of diligence and slacking off, willful rendering of imperfect performance, abuse of power by not specifying terms, and interfering in another party’s performance by not cooperating with that party.

The law may be clarified by looking at illustrations of when an insurance company was found to have acted in bad faith. If an automobile insurance company provides uninsured motorist coverage for their insured and an accident occurs involving an uninsured motorist, the insured is entitled to fair and prompt compensation under the policy. If the insurer argues over the value of the insured’s injury and as a consequence refuses to pay any benefits, the insurance company may be liable for bad faith, even if they ultimately end up paying the claim. If there is an unreasonable delay in the payment of a claim this may result in the insurer committing bad faith as well. This can occur in a situation where the insurer forces the insured into arbitration even though the amount of the claim clearly exceeds the policy limit. Thus, payment is late and comes only after a needless arbitration hearing and judgment.

Bad faith can also occur when an insurance company denies a claim (for life insurance benefits, property damage, etc.) based on its own unreasonable interpretation of the policy. Sometimes a policy may contain a provision or requirement for coverage that is not explicitly detailed anywhere in the policy. In the end, it is the insurance company who will decide how to interpret the policy language. The insurer will be found to have acted in bad faith when the company disregards the plain meaning of a word or does not consider the policy holder’s understanding of the policy. It is the responsibility of the insurer to make the policy language clear and concise. The general rule is that exclusions in a policy are interpreted narrowly against the insurer; additionally, exclusions in a policy must be conspicuous, plain, and clear.

If bad faith can be demonstrated, even in cases where the particular harm could not have been anticipated, the amount of damages to which the insured is entitled must include compensation for all harm that was caused. Proof of damages is the responsibility of the insured. However, the insured is not expected to come up with a precise amount of damages for which they want to be compensated. Compensation for mental suffering, anxiety, humiliation, and emotional distress may be included as part of the damages in certain cases. Court costs and attorney fees may also be awarded. In certain situations as referenced above, punitive damages can be awarded as well.

The potential claims for damages are almost endless and every insurance bad faith case is unique. To reach a fair result and help you find your way through the facts and the law, you will do well to have an experienced trial attorney on your side.

The DL Law Group – Bad faith and fraud attorneys with extensive knowledge of insurance laws in San Jose, California and experience winning millions of dollars in settlements for their clients. They are a full-service law firm that specializes in insurance related matters. They represent consumers in every area of insurance laws in San Francisco, including disability—both group and individual policies, and both short-term and long-term claims—health care, long-term care, life, homeowners / property, and automobile.

DL Law Group attorneys have decades of experience practicing law and helping policyholders resolve their disputes with their insurers. Whatever the scenario, the DL Law Group can help. Their attorneys have been responsible for tens of million of dollars in verdicts, settlements, and claims paid. They are happy to review your situation–at not charge to you–and will advise you on the best course of action for resolving your dispute, or getting your insurance claim paid. Call them today.

If you never had the need to look for an eminent domain law firm before, finding one can seem like a daunting task. There are several key attributes that capable eminent domain law firms in California should possess. Knowing these can help you narrow down the list of firms that may come up during your search. Consider these top 3 criteria when determining which eminent domain attorney to hire:

1. Experience

Consider the following questions when calculating the level of experience an attorney has:

1. How many eminent domain cases have they handled?
2. How many eminent domain cases have they taken to trial?
3. How many eminent domain cases have they handled on the appellate and State Supreme Court level?
4. What types of properties have they handled?
5. What types of issues have they dealt with?
6. Which states have they taken cases?

Question your potential attorney, and have them review your appraisal and conduct a case evaluation. An experienced eminent domain attorney will accurately assess and explain your damages and, in most cases, estimate the amount owed to you.

You should know that only a small percentage of eminent domain cases go to trial, and when an attorney takes your case, they won’t know whether or not it will proceed to trial. However, a good eminent domain attorney will plan their strategy around going to trial and will therefore be prepared in the event that this occurs. If your case goes to trial, does your attorney have the experience necessary to persuade a judge and jury? Are they planning appropriately and are they willing to go to trial?

2. Are They Looking Out for my Best Interest?

Hiring an attorney who works both sides can result in a conflict of interest scenario; the attorney has worked for the government in the past and/or is friendly with the condemning authority’s attorney. There are many good attorneys who represent both the condemning authority and the property owner, so be aware of this situation and decide whether or not you are comfortable with it before hiring an attorney.

Keep in mind that hiring a local attorney who has only handled a few eminent domain cases can result in a similar situation. This attorney might have ties to the local government, which could put undue pressure on this attorney to settle the case.

3 – Set Expectations

In addition to understanding the issues surrounding your case, you should know how much money you are entitled to receive. A knowledgeable eminent domain attorney will discuss their strategy with you; tell you how much money they are pursuing and what the estimated final award of damages will be. If you expect your attorney to take your case to trial, then make sure you hire a trial lawyer.

Lastly, whether or not you hire an attorney to challenge the government’s right to take, to pursue an inverse condemnation claim, or to pursue additional damages, you should know that in some states, attorneys fees and costs could be paid for by the government. Read more about eminent domain and the eminent domain laws in your state.

The attorneys at Oliver, Sandifer, & Murphy are highly accomplished trial lawyers and determined negotiators whose practice is exclusively focused on all aspects of eminent domain, California easement, and condemnation proceedings. They are recognized as the premier California eminent domain firm, and are credited with having the knowledge, experience, resources, and determination to vigorously represent our clients in all eminent domain and condemnation matters. Their single goal is to achieve the greatest results and success for clients, and to do so efficiently and effectively. Oliver, Sandifer, & Murphy are California eminent domain lawyers and condemnation attorneys serving clients statewide from offices in Los Angeles and the San Francisco Bay area. You may contact them by calling.