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.

All accident cases need not necessarily be tried by the jury but a competent law firm would prepare the case in such a way that they would be ready for trial. Some disputes are sorted out through mediation alone. Choose a capable lawyer as he would be the best person to handle the case effectively.

There are many San Jose personal injury lawyers and Bohn & Bohn LLP is one of them. It is best to seek advice from people who have been in similar situations before selecting a lawyer. Bohn & Bohn, LLP focuses their practice on personal injury and wrongful death cases. Bohn & Bohn, LLP is based in the San Francisco Bay Area, they have successfully handled cases throughout the State of California, Santa Clara County, and areas like Los Gatos.

Bohn & Bohn, LLP represents individuals who have been injured through traffic accidents, defective products, employment discrimination, sexual harassment, elder abuse, railroad accidents, construction accidents and bad faith treatment by insurance companies. For more than 40 years Bohn & Bohn has dedicated its practice to representing people who have been injured or damaged through the fault of others. During a serious and critical point in your life, the experienced and highly effective attorneys provide you with legal advice and representation tailored to your specific personal injury.

Bohn & Bohn, LLP’s Practice Areas:

* Personal Injury/Wrongful Death
Defective Products
Traffic Accidents
Workplace Accidents
Dog Bite Injuries
* Employment Law
Sexual Harassment
Discrimination
* Insurance Bad Faith
Denial of Coverage

Bohn & Bohn, LLP has successfully prosecuted cases against the largest auto, tire and chemical manufacturers, utility companies and other defendants both large and small, recovering damages for theirs clients as high as $45 million dollars.

* Attorney Profiles
* Case Results and Press Clippings

Bohn & Bohn’s strong and friendly support staff personally answers your questions about the progress and status of your case. The dedicated professionalism of theirs staff frees up attorney time and enables the attorneys to prepare and present your case in a highly skilled and expert manner. Many clients are referred to Bohn & Bohn by former clients and by other attorneys. On occasion people who have served as jurors in the trials have later sought representation by Bohn & Bohn, LLP.

Because the cost of legal services can be a major concern at a time when you have suffered financial loss, the attorneys at Bohn & Bohn offer legal services on a Contingent Fee basis. A contingent fee is simply a percentage of the recovery, paid at the conclusion of the case. If there is no recovery, there is no fee.

If you have suffered an injury or the wrongful death of a loved one, or been the victim of employment discrimination, or insurance bad faith, contact Bohn & Bohn, Attorneys at Law of San Jose, California, to talk about the best course of action for your case.