Insurance Bad Faith
Savage Turner Durham Pinckney & Savage combines a broad range of practice areas with an interdisciplinary approach. We provide deep expertise and exceptional client service.
What does the term insurance bad faith mean?
Bad faith is a cause of action that is brought against an insurer for breaching its duty to act in good faith toward its insured in settlement of a claim.
Georgia State law applies to all insurance contracts entered into with Georgia residents (unless preempted by E.R.I.S.A.) Implied in every Georgia insurance policy there is a “duty of good faith and fair dealing.” This duty precludes the insurance company from doing anything to deprive an insured person of the benefits and/or protection provided in the policy. Unreasonable conduct by the insurance company in denying or failing to adequately investigate a claim may constitute a violation of the implied duty of good faith and fair dealing.
An insurance policy is a contract
Basically, if you’re abiding by your end of the contract – paying premiums on time – then the insurer has a good-faith duty to abide by the conditions in the policy that require them to pay out benefits in the event of an accident.
When an insurance company searches for, or relies solely upon evidence which serves to support a denial of an insured’s claim, it holds its own interest above that of its insured and may be deemed to violate the implied promise to deal with it’s insured in fairly and in good faith.
“When the system doesn’t work for our clients, we work to make it right. And when we can make it right for our clients, we make the law better for millions of others.”
There are many types of employee benefits that fall under ERISA bad faith law, including the following:
Long-term care insurance
A bad faith insurance lawyer helps clients with the following:
Evaluating their rights based on their insurance policy
Determining whether they have a viable case against an insurance company
Determining the laws applicable to the case: state bad faith law or ERISA
Identifying and organizing documentation pertinent to the case
Identifying the errors, intentional or otherwise, the insurance company made when denying claims
Pursuing benefits and compensation based on the applicable laws
ERISA cases require special handling. Experienced bad faith insurance attorneys can help insured individuals through this complex process. Savage Turner Durham Pinckney & Savage helps insureds file the claims necessary to prove they deserve benefits. If the plan’s administrator denies your claim, our attorneys can help you to appeal and seek the benefits to which you are entitled.
While some law firms shy away from cases against large insurance companies, we specialize in them. We are proud to represent the underdog and stand firm behind our mission to help those who have been the victims of insurance bad faith. If you would like to ask us a question or find out more about your rights as an insured, contact us.