Bad Faith Insurance Denials
Can you believe it? You’ve paid your insurance premium every month. You’ve paid on time for years. Then, when you need insurance coverage, your insurance company is nowhere to be seen. Instead of paying for your loss or helping you with your health care emergency or other loss, you get a letter that gives a whole bunch of reasons why you are not covered and why the insurance company won’t help. The insurance company would rather see you destroyed financially than pay their obligation to you. Your Idaho Bad Faith Insurance attorneys at Racine Olson in Pocatello, Boise, Twin Falls, or Idaho Falls can help.The Specifics of Bad Faith Insurance Denials
When your insurance company denies your claim, you suddenly come face to face with reality. They never intended to cover the loss in the first place. The insurance company was more than happy to accept your money, but when the chips were down and you needed help, they were gone. When that happens, you need a lawyer who understands the law surrounding bad faith insurance denials.
In one of its most important cases on this issue, the Idaho Supreme Court pronounced that when an insurer unreasonably or intentionally denies or withholds payment on an insurance claim, that company is subject to being sued in tort. White v. Unigard Mut. Ins. Co., 112 Idaho 94, 96, 730 P.2d 1014, 1016 (1996). The Court explained that this type of lawsuit has its foundation in the duty that a company has to perform its responsibilities in good faith and with fair dealing due to the special relationship between an insurance company and its customer (also known as its insured). Id. at 100.
Later the Idaho Supreme Court set out exactly what is necessary to maintain an action for bad faith. In that case, it stated that a plaintiff must establish that the insurer unreasonably or intentionally denied or delayed payment on a claim and that as a result of those actions, the insured person was hurt in a way not fully compensable in an insurance contract. Robinson v. State Farm Mut. Auto. Ins. Co., 137 Idaho 173, 45 P.3d 829 (2002). The defense the insurance company then attempts to use is that coverage was “fairly debatable” and they have an excuse for denying coverage.
At Racine Olson we understand the elements that need to be proven as well as the defenses that insurance companies attempt to use to evade paying your claim. We will stand with you regardless where you are in Idaho. Whether in Boise, Twin Falls, Pocatello, or Idaho Falls, we’ll be there with you.Types of Bad Faith Denials
Bad faith insurance claims can happen in any area of insurance. One of the most common places an insurance company denies coverage is in health insurance. Sometimes an insured person gets cancer or another illness that requires a great deal of medical care and is coupled with a lengthy recovery period. It is in cases like this that insurance companies will attempt to bully the insured, deny the claims, require multiple opinions from health care professionals, and generally attempt to wear the person down. The strategy is clear. If the insurance company can force the person to wait, maybe he or she will give up and nothing will ever have to be paid. We can help and in fact, we have handled cases just like this. Don’t be bullied.
Of course, there are other types of insurance where bad faith can arise. These include automobile insurance, life insurance, and property damage insurance. We are familiar with all of these types of insurance contracts and claims. In addition, we can find the experts that are necessary to help develop these complicated lawsuits in order to maximize your recovery.Everyone is Equal in Court
At Racine Olson we want you to know that you are equal to those big, fancy insurance companies. Cases can be complicated. Insurance companies seem huge. Perhaps you feel overwhelmed by the constant bullying. Don’t feel that way. Remember, in court everyone is equal and only one attorney can stand up at a time regardless of how big the insurance company is or how many attorneys they can hire.
We believe that in Idaho, Racine Olson is the firm to call when there is a bad faith insurance denial. It doesn’t matter where you live whether in Idaho Falls, Pocatello, Boise, or Twin Falls. We’ll be pleased to help you with the problem you’ve encountered. Problem solved.