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Insurance Bad Faith
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Insurance Bad Faith Claims: Legal Representation at Kornblau Law
At Kornblau Law we specialize in championing the rights of individuals and businesses facing insurance bad faith practices in Pennsylvania and New Jersey.
Our extensive experience in confronting insurance companies ensures that our clients receive the assertive representation they need during these challenging disputes.
Unwavering Advocacy Against Insurance Bad Faith
Insurance policies are a promise of protection, but when insurance companies fail to uphold their obligations, it can leave policyholders feeling vulnerable and frustrated. Our expertise in insurance bad faith claims covers a wide array of scenarios:
- Unreasonable Claim Denials: Tackling cases where insurance companies unjustly deny valid claims.
- Delayed Claim Processing: Addressing unnecessary delays in claim investigations or payments.
- Inadequate Compensation Offers: Advocating for clients who receive settlement offers far below what is fair and just.
- Failure to Defend: Representing clients when their insurance provider fails to defend them against third-party claims as stipulated in their policy.
Navigating the Complexities of Insurance Disputes
Our approach to insurance bad faith claims involves:
- Thorough Policy Analysis: Reviewing your insurance policy in-depth to understand the coverage details and the insurer’s obligations.
- Building Strong Evidence: Compiling comprehensive evidence to challenge the insurer’s actions and decisions.
- Assertive Negotiation and Litigation: Employing effective strategies to negotiate with insurers or litigate against them for bad faith practices.
- Comprehensive Claim Documentation: Detailing the impact of the insurer’s bad faith actions on your financial and personal well-being.
Commitment to Securing Rightful Compensation and Justice
At Kornblau Law, we are dedicated to ensuring that our clients receive the full benefits they are entitled to under their insurance policies.
Our goal is to hold insurance companies accountable for their actions and to secure the compensation and justice that our clients deserve.
Personalized Support Tailored to Your Needs
At Kornblau Law you are not just a case number – you are an individual with unique circumstances and needs.
We provide personalized attention to each client, guiding them through the intricacies of insurance bad faith claims with compassion and expertise.
Frequently Asked Questions
What is my case worth?
Determining the value of your case begins with an assessment of how likely it is that an insurance companyor jury will find the Defendant liable based on the available evidence. If it appears highly likely that the defendant will be deemed liable, you can expect a stronger offer from the insurance company. Conversely, if the evidence pointing to the defendant’s liability is weaker, the likelihood of receiving a substantial settlement offer diminishes, as you can only claim damages if the defendant is found liable.
Once liability is evaluated, the next crucial factor is assessing your damages, which are the legally recognized losses for which you can receive monetary compensation. Typical damages include medical expenses, loss of income, pain and suffering, scarring, disfigurement, as well as embarrassment, humiliation, and loss of enjoyment in life.
The more robust and well-supported your evidence is for these damages, the higher the potential value of your case.
This assessment is critical in providing a clearer picture of what you might expect in terms of compensation.
How long will my case take?
As Plaintiff’s attorneys, our approach is always proactive and assertive, consistently applying pressure on the Defendants to keep the momentum in your favor. However, the duration of litigation
can vary significantly. Generally, it ranges from one to several years, influenced by factors such as the case’s complexity, the specific jurisdiction or county in which the case is being tried, and the nature of the case itself.
We diligently work to expedite the process wherever possible, while ensuring that no detail is overlooked in the pursuit of the best possible outcome for you.
In instances where a settlement can be negotiated prior to formal litigation, the timeline can be considerably shorter, potentially resolving the matter in under a year. It’s important to note that while we strive for efficiency, our primary focus is always on the thoroughness and quality of representation. We balance the urgency of resolving your case promptly with the necessity of ensuring that every aspect is meticulously handled to maximize your chances of a favorable outcome.
Will I be given updates on my case?
Absolutely, and with regular frequency. One of our dedicated attorneys will maintain consistent communication with you, providing updates on both your treatment status and any significant developments in your case. We understand that staying informed is crucial for your peace of mind, and we ensure that you’re never left wondering about the status of your legal matters.
In addition to these scheduled updates, our team is always accessible for any questions or concerns you might have. We make it a point to be available to address your needs promptly.
Should you reach out via call or email, you can expect a swift response from our team, unless we are actively engaged in a trial. Even in such instances, we ensure that your queries are
attended to at the earliest opportunity.
We also proactively reach out to you with important information and key milestones in your case, ensuring you’r not just aware of the progress but also understand the implications of each development.
Our commitment to open and transparent communication extends to providing clear explanations and guidance, so you are empowered with knowledge about your case every step of the way. Your confidence and understanding are as important to us as the legal outcomes we seek on your behalf.
What do you charge?
Our fee structure is designed to be as client-friendly as possible. We operate exclusively on a contingency fee basis. This means that our professional fees are contingent upon the successful resolution of your case – if we don’t win or settle your case, you owe us nothing.
The specific percentage of our contingency fee varies, based on factors such as the state’s legal requirements, the complexity of your case, and whether the case involves a minor. These aspects are carefully considered to determine a fair and appropriate fee for each individual case. However, the fundamental principle remains the same: there are no
upfront costs for you, and we are compensated only from the recovery we secure on your behalf.
This approach ensures that high-quality legal representation is accessible to you without the immediate financial burden, and it aligns our goals with your best interests. We are invested in achieving the best possible outcome for you because our success is directly linked to yours.
What are common examples of bad faith practices by insurance companies?
In both New Jersey and Pennsylvania, insurance companies are required to handle claims fairly and in good faith. However, there are situations where insurers fail to meet this obligation, leading to a potential bad faith claim. Common examples of bad faith practices include unreasonable delays in processing or paying a valid claim, leaving policyholders in financial distress due to unnecessary stalling. Another common tactic is offering a lowball settlement, where the insurer attempts to settle for an amount far below the claim’s actual value. Insurance companies may also engage in bad faith by failing to conduct a thorough investigation of a claim before making a decision, or by denying a valid claim without a clear or reasonable justification.
Additionally, some insurers may misrepresent policy terms, providing inaccurate information about coverage, exclusions, or policy limits, which can mislead the policyholder. Another indicator of bad faith is ignoring communication, where the insurer fails to respond to inquiries or keep the policyholder informed about the status of the claim. In both New Jersey and Pennsylvania, these bad faith actions open the door for a lawsuit against the insurer, allowing policyholders to pursue compensation beyond the initial claim, including potential punitive damages. An attorney experienced in insurance bad faith can help assess the case, gather evidence, and work to hold the insurer accountable for these unfair practices.
What damages can I recover in a bad faith claim?
In a bad faith claim against an insurance company in New Jersey or Pennsylvania, you may be entitled to several types of damages beyond what your original insurance policy covers. First, you can recover contractual damages, which include the benefits owed under the policy that the insurer failed to pay. These are the funds you were initially entitled to receive for your claim.
Additionally, you may be eligible for consequential damages, which cover financial losses that resulted from the insurer’s bad faith actions. For example, if the delayed payment caused you to incur debt or extra expenses, those costs could be included in the claim. In some cases, emotional distress damages may also be awarded, recognizing the mental anguish and stress caused by the insurer’s unfair handling of your claim.
Finally, if the insurer’s conduct was especially egregious, you may be able to pursue punitive damages. These are meant to punish the insurer for misconduct and deter similar behavior in the future. Both New Jersey and Pennsylvania allow punitive damages in cases where the insurer’s actions were particularly reckless or malicious. Consulting an attorney experienced in bad faith claims can help ensure that you seek the full range of damages you are entitled to and hold the insurance company accountable for their actions.
What types of evidence are needed for an insurance bad faith case?
In an insurance bad faith case, the evidence required often focuses on the insurance company’s own practices and how they handled your specific claim. A key type of evidence is communications between you and the insurer, including emails, letters, phone call records, and claim denials. These documents can demonstrate any unreasonable delays, low settlement offers, or lack of responses from the insurer, helping to show a pattern of bad faith conduct.
Internal documents and claim handling guidelines from the insurance company are also valuable evidence, as they can reveal whether the insurer followed its own protocols and industry standards in handling your claim. If the insurer failed to follow their own established practices, it strengthens the argument that they acted in bad faith. Additionally, claim file records may provide insight into the insurer’s decision-making process and highlight any gaps in their investigation or other deviations from fair handling.
Finally, testimony from insurance experts can help establish industry standards for fair claim handling and illustrate how the insurer’s actions failed to meet these standards. Together, these types of evidence can build a strong case by showing that the insurance company neglected their duty of good faith, both in their own practices and in how they managed your specific claim.
What is the difference between a bad faith claim and a breach of contract claim?
A bad faith claim and a breach of contract claim are closely related, and it’s often said that a bad faith claim is “subsumed” by a breach of contract claim. In both cases, the policyholder argues that the insurance company failed to uphold its obligations. In a breach of contract claim, the focus is on whether the insurer violated the specific terms of the insurance policy, such as failing to pay a legitimate claim or not providing the coverage outlined in the contract. This is a straightforward assertion that the insurer didn’t fulfill its contractual obligations.
A bad faith claim, however, goes further by examining the insurer’s conduct in handling the claim. Bad faith alleges that the insurance company acted unreasonably or intentionally disregarded the policyholder’s rights, such as by delaying payments, making lowball offers, or refusing to investigate properly. In Pennsylvania, policyholders can pursue common law bad faith as well as statutory bad faith under Pennsylvania’s Bad Faith Statute, 42 Pa.C.S. § 8371. The statutory claim allows for additional damages, including punitive damages, attorney’s fees, and interest, if the insurer’s actions are found to be reckless or malicious.
While a bad faith claim often accompanies a breach of contract claim, they are distinct causes of action. The breach of contract addresses the insurer’s failure to meet policy terms, while the bad faith claim focuses on the insurer’s conduct. In Pennsylvania, these two claims can be pursued together, with statutory bad faith providing broader avenues for recovery beyond the limits of the contract itself.