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What is Insurance Bad Faith?

Insurance Bad Faith Attorney in Philadelphia

When you have an insurance policy, you expect the insurance company to fairly pay a claim. After all, you paid your premiums. Why shouldn’t they pay when you have a valid claim?

Unfortunately, it’s possible that the insurance company may try to increase their profits by denying a good claim. What can you do when the insurance company simply doesn’t pay? An insurance company failing to pay on a valid policy claim is called insurance bad faith.

If you’re the victim of insurance bad faith, you have important rights. With the help of an insurance bad faith attorney in Philadelphia, you may bring a claim for compensation including what you are due under the policy and any consequential damages you have because they didn’t pay. Attorneys fees and interest may also be awarded. Insurance bad faith laws are important for any person who has insurance in Pennsylvania. Our personal injury law firm explains insurance bad faith.

Does Pennsylvania recognize insurance bad faith claims?

Yes. Pennsylvania first recognized insurance bad faith claims in Cowden v. Aetna Cas. Ins. Co., 133 A. 233 (Pa. 1955).

What is insurance bad faith?

Insurance bad faith occurs when an insurance company doesn’t honestly investigate and pay a claim. The insurance company has a fiduciary duty to honor the policy when liability is clear. When they are obligated to pay, and they don’t, they are acting in bad faith.

What can the victim of insurance bad faith do?

The victim of insurance bad faith may bring a legal claim against the insurance company. They may claim the amount that the insurance company should have paid to honor the policy. In addition, they may ask for interest and an extra amount to reimburse them for losses that they have because the insurance company did not make a timely payment. The victim may have representation from a bad faith insurance claim attorney.

Is there a time limit to file a bad faith insurance claim in Pennsylvania?

The time limit to file a bad faith insurance claim in Pennsylvania is two years. Ash v. Continental Ins. Co., 861 A.2d 979 (Pa.Super. 2004).

What is the Pennsylvania bad faith insurance law?

The bad faith insurance law in Pennsylvania comes from 2 Pa.C.S.A. § 8371 as well as from case law that interprets the concept of bad faith and its applicability in Pennsylvania. See Birth Center v. St. Paul Companies, 727
A.2d 1144 (Pa.Super. 1999), affirmed, 787 A.2d 376 (Pa. 2001).

Insurance Bad Faith Attorney in Philadelphia

At Applebaum & Associates, we are a dedicated personal injury firm and criminal defense attorney team. Whatever your legal needs, we are prepared to aggressively represent your interests. We are currently taking new cases for personal injury and as criminal defense attorneys.

Meet with our team to learn about bad faith insurance claims, other personal injury services or criminal defense attorney representation. Contact us today for your personal and confidential consultation. Time limits apply, so contact us today.

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