Insurance bad faith is a technical, complicated and confusing area of the law that is constantly changing. In short it boils down to separate causes of action that can be asserted directly against the insurance companies when they behave badly and fail to do what they are required to do under the law. Some bad faith claims can multiply the amount of damages awarded by a jury thereby substantially increasing the amount of the recovery for the plaintiff.
Insurance bad faith claims can arise in the third-party context (where the injured party has brought an injury claim against the at-fault driver who is being defended by their own automobile insurance company). Bad faith claims also arise in the first party context where an injured party brings a bad faith claim against their own insurance company. The standard of proof varies depending on which position the claim is brought. It also varies depending on whether the claim is being made under common law bad faith principles or statutory bad faith provisions.
The Max Law Firm is well-equipped to assist you with your insurance bad faith claim. For a free consultation with an attorney, please call 720-699-8268.