Insurance coverage is supposed to provide financial protection when you experience a covered loss. Even when insurers push back, they usually do so ethically. But sometimes an insurer’s conduct goes beyond an ordinary disagreement over coverage or the value of a claim.
When an insurance company handles a claim unfairly or intentionally places its own interests ahead of your rights, you are correct to raise concerns about its conduct. Our bad faith insurance lawyers in Lee’s Summit will make sure you are treated fairly.
Kevin McManus Law Injury and Disability Attorneys has recovered millions of dollars for injured clients. You can expect the results you deserve from a firm you can trust. Call for your free consultation to learn more about how our Lee’s Summit personal injury lawyers will help.
What Does a Bad Faith Insurance Lawyer Do?
We help policyholders challenge unfair treatment by their insurance companies. Our bad faith insurance attorneys in Lee’s Summit will examine your policy and claim to determine whether your insurer has handled the matter properly.
- By examining the insurer’s conduct, we look for signs that your claim may have been handled unfairly or unreasonably.
- When a valid claim is improperly denied, we will challenge the insurer’s decision and pursue an appropriate resolution.
- Throughout the claims process, we communicate with the insurance company and work to protect your interests.
- When possible, our bad faith insurance claim lawyers negotiate directly with the insurer to seek a fair settlement on your behalf.
- If the insurance company refuses to resolve your claim fairly, we will take legal action and represent you in court.
- Depending on your circumstances, we may pursue the benefits you are owed along with other damages that may be available under applicable law.
We take your case on a contingency fee basis; you do not have to pay us upfront for our legal fees. Instead, our fee comes from the compensation we recover for you. If we do not recover compensation, you generally do not owe us attorney fees.
Get the compensation you deserve with trusted legal guidance.
What is Considered Bad Faith Insurance?
A bad faith insurance claim occurs when an insurance company fails to treat a policyholder or legitimate claim fairly and does not act honestly in fulfilling its obligations under the insurance policy. Often, we encounter several common situations.
Stalling a Claim Without a Legitimate Explanation
Insurance companies need time to look into claims, but long or unexplained delays can be a problem. If an insurer has enough information to assess a claim but keeps delaying payment or a decision without a good reason, it may show poor claims handling.
Rejecting Coverage Without Adequately Supporting the Decision
An insurance company should provide a reasonable explanation when denying coverage, including the policy provisions supporting its decision. Their decisions raise concerns when the insurer ignores important facts or refuses to explain its reasoning.
Deliberately Undervaluing a Legitimate Claim
A disagreement about how much a claim is worth doesn’t automatically mean there is bad faith. Problems arise when an insurance company intentionally or unreasonably offers less money for a valid claim by ignoring losses.
Conducting an Incomplete or One-Sided Investigation
Insurers should conduct fair investigations that consider evidence supporting both coverage and denial. An investigation focused primarily on finding reasons to reject a claim, rather than evaluating all available evidence, may potentially support a bad-faith claim.
Giving Misleading Information About the Policy
Policyholders depend on insurers to provide accurate information about coverage and policy requirements. Misleading statements can cause a policyholder to make decisions based on inaccurate information and potentially suffer financial harm.
Using Pressure Tactics to Discourage a Claim
Insurance companies should not use threats or intimidation to discourage policyholders from pursuing legitimate claims. References to cancellation or other adverse consequences may become concerning when used as leverage to make someone withdraw a claim or accept less.
If you believe you have experienced any of these situations, contact our Lee’s Summit bad faith insurance lawyers. Our team will review your case and help you understand what to do if your insurance company acts in bad faith.
Is Bad Faith Insurance Illegal?
Under K.S.A. § 40-2404, Kansas law identifies actions as unfair claim settlement practices when they are committed flagrantly and in conscious disregard of the law or with enough frequency to indicate a general business practice.
Insurance companies that violate Kansas insurance laws may face significant consequences.
The Kansas Insurance Commissioner can issue a cease-and-desist order when an insurer engages in an unfair or deceptive insurance practice.
Depending on the circumstances, the Commissioner may impose monetary penalties of up to $1,000 for each violation, with higher penalties available when the insurer knew or reasonably should have known it was violating the law.
Get Help from Our Bad Faith Insurance Attorneys in Lee’s Summit
Dealing with an insurer after an accident is stressful enough without having to wonder if they are acting within the bounds of the law. There are serious ramifications for companies that bend the rules in their favor.
In addition to legal consequences, an insurance company that operates in bad faith can be liable for statutory damages beyond your initial insurance claim. Our Lee’s Summit bad faith insurance claim lawyers will work to hold them wholly accountable.
Our team at Kevin McManus Law has more than 60 years of combined legal experience, protecting injured accident victims. Call today for your free consultation.
