Personal Injury - Bad Faith Insurance Claim
A Bad Faith Insurance Claim describes litigation against an insurance company. It is a tort claim that an insured individual may have against the insurance company for its unreasonable failure to fully and fairly pay claims promptly.
Insurance companies owe a duty of good faith and fair dealing to the persons they insure. This duty is often referred to as the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract.
In addition to a tort claim, the insured person may also sue the company for breach of contract as well. The contract-tort distinction is significant because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. The end result is that a plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy, if the insurance company's conduct was particularly egregious.
If you feel you may have a Bad Faith Insurance Claim, call the Law Offices of Marc J. Victor today and schedule an appointment to discuss your case with an attorney knowledgeable in the area of bad faith and tort claims. You can reach or office at 480-755-7110.