Insurance Denial Lawyer in Cleveland
What Constitutes Bad Faith?
Every insurance company owes its insured a duty of good faith, which is implied by law in every insurance policy. When an insurance company breaches this duty, an insured individual may pursue a claim for bad faith against his or her insurer. Our team of Cleveland attorneys can help you. We have years of experience and a reputation for tough advocacy in representing those whose insurance claims have been unfairly denied.
Is My Insurance Company Not Acting in “Good Faith?”
An insurance company fails to act in good faith when its refusal to pay a claim, or the full value of a claim, is not reasonably justified.
The following factors are considered when determining whether an insurance company has acted in bad faith:
- The probability of the insured's liability
- The amount of the policy limits
- The extent of the claimant's damages
- The adequacy of the insurer's investigation
- The adequacy of the defense provided by the insurer
- Whether the insurer followed the defense attorney's advice regarding settlement
- Whether the insurer heeded its own adjusters' advice regarding settlement
- The insurer's willingness to engage in settlement negotiations
- Whether the insured made any misrepresentations that may have misled the insurer in settlement negotiations
- The openness of the communication between the insurer and the insured
- Whether the insured kept the insured informed of settlement negotiations
- Any other conduct demonstrating that the insurer felt or showed greater concern for its financial interest than it did for its insured's financial risk
Am I Entitled to Compensation for an Unfair Claim Denial?
Insurance companies have a duty to adequately and fairly evaluate and pay claims. Unfortunately, however, the insurance industry is increasingly denying and limiting payment of claims. Insurance companies that do so without reasonable justification, or as the result of an unfair, inadequate or one-sided claim investigation, may be held liable for bad faith. Both compensatory and punitive damages may be available in successful bad faith claims.
The bad faith insurance claim litigation attorneys at Spangenberg Shibley & Liber aggressively pursue the full extent of our clients' rights under their insurance policies. Spangenberg lawyers are particularly adept at recognizing, investigating and proving bad faith conduct on behalf of insurance companies seeking to limit their insured's rights to payment under their policies.
Contact Spangenberg for a Free Review of Your Insurance Claim Denial
If you have had an insurance claim denied—whether it be a claim for medical benefits or for property loss, damage or theft—or if your insurance company has delayed payment of your claim or offered an unreasonably low amount as payment for a claim, and you believe you are not being treated fairly, you should take action. Contact the insurance coverage dispute and bad faith attorneys at Spangenberg Shibley & Liber LLP to protect your rights. We’ll provide you with a free case evaluation to get started.
Call (216) 600-0114.
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