| Insurance Bad Faith
Bad faith claims arise when a company with whom you have a contract
fails to act within the terms of that contract. In the case of your
insurance company this may happen if it fails to promptly or properly
defend or pay a claim. An insurance company has a duty to deal fairly
with its customers, giving more consideration to its insured customers
than to its own interest. Whenever your insurance company fails
to honor its obligations in its contract with you, you may have
a claim for bad faith. An insurance company is required to investigate
all claims and find out information about anything that might support
their insured’s claim.
Insurance contracts are written to reflect current case law. Terms
which seem self-evident to the insured may actually have special
interpretations know to the insurance company and not to the insured.
All insurance contracts are interpreted in a court to carry out
the reasonable expectations of the insured party. The contract will
be studied to obtain its meaning, and such meaning must be clear
and unmistakable. Generally, any terms which are not clear will
be interpreted to benefit the insured. You do not have to prove
that the company intended to cause harm, only that they failed to
honor their agreement and had no cause not to pay the claim.
If you or a loved one is in need of legal assistance, call Boller & Vaughan S.C. at (608) 268-0268 or submit
an online questionnaire. The initial consultation is free of charge, and
if we agree to handle your case, we will work on a contingency fee basis, which
means we get paid for our services only if there is a monetary recovery of funds.
In many cases, a lawsuit must be filed before an applicable expiration date,
known as a statute of limitations. Please call right away to ensure that you
do not waive your right to possible compensation.
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