If your insurance claim has been wrongfully denied, you may be the victim of bad faith practices. Many situations can result in a bad faith insurance claim, including a delayed claim investigation or delayed payment of a claim. A bad faith action helps protect insured individuals when dealing with insurance companies. However, just be cause your claim has been denied does not mean you have a bad faith insurance claim. If you believe your claim has been wrongfully denied, contact an insurance law attorney today to determine if you have a valid bad faith insurance claim.
Louisiana Insurance Defense Lawyers
Since 1948, the New Orleans, Louisiana, based law firm of Bienvenu, Foster, Ryan & O'Bannon, L.L.C. has provided quality insurance defense services in cases throughout the state. Our clients are some of the most recognized names in the insurance industry. We have extensive experience with first and third party actions and have handled cases in nearly every category of insurance.
Contact our office to learn more about our services and how we can help you. You can reach us by phone at 866-459-6002 or via e-mail.
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Frequently Asked Questions about Insurance Law
Q: How do I file a claim with my insurance company?
A: The first thing to do is to read your written contract with your insurance company. If you do not have a paper copy, contact your insurance company and request a current copy. The process for filing a claim should be included in the terms of your insurance contract. If you have any questions, check your insurance company's website, contact your local insurance company representative, or call your insurance company's customer service number. Overall, read and become familiar with your policy. As an insured, you are responsible for reading the fine print and understanding the terms of your insurance policy.
Q: What is uninsured motorist coverage?
A: Uninsured motorist coverage provides benefits to an insured individual for any personal injuries suffered in an accident where the party at fault does not have insurance. These benefits are only paid to an insured individual if he or she is legally entitled to recover or the driver at fault is unknown, as in a hit-and-run accident. This type of insurance is typically required by state statute.
Q: What is underinsured motorist coverage?
A: Underinsured motorist coverage compensates an injured party in situations where the car insurance carried by the at-fault party is insufficient to cover the personal injuries of the other party. For example, underinsured motorist coverage would come into play if the dollar limit of the at fault party's insurance policy is lower than the automobile liability insurance or the underinsured motorist coverage of the insured injured party. This type of coverage is generally not required by statute; however, many insurance companies include this type of coverage in their policies.
Q: If I am being sued after being in an accident, does my insurance company have to defend me?
A: Insurance policies typically include language that places the duty to defend any action brought by a third party against an insured individual on the insurance company, as long as the accident underlying the action is covered by the insurance policy.
Q: I don't want my insurance company to defend me, but they say I have to use their defense team. Can't I hire my own representation?
A: Generally, an insurance company has the right to defend any insured party. However, an insured party can choose not to use the insurer's defense, but the insured will then likely be required to pay his or her own costs and attorneys fees involved in the defense. If a conflict of interest arises between an insured and the insurer, the insured can choose to refuse representation by the insurer's attorney and may then be able to charge the insurer for reasonable costs and attorneys fees arising from the insured's seeking and obtaining his or her own defense.
Q: My insurance company paid me for my claim, but now I am being taken to court for another action deriving from the same accident. Is my insurance company still obligated to defend me?
A: There are differing viewpoints on whether payment of proceeds under an insurance policy discharges the insurance company's obligation to defend an insured party. Some courts have held that once insurance companies have compensated the insured party for the full amount the insurance company can be liable for under the policy, they have fulfilled their obligation and no longer have a duty to further defend an insured individual. Other courts believe that an insurance company's duty to defend is independent and separate from the obligation to compensate the insured. Generally, if your insurance company has begun to defend you, they cannot prematurely withdraw from the litigation.
Q: My insurance company wrongfully failed to defend me in an action brought by a third party. Do I have any recourse?
A: If an insurance company wrongfully fails to uphold its duty to defend an insured individual against a third party claim, the insurance company may be held liable for damages. These damages may include attorneys fees, the judgment or reasonable settlement amount between the third-party and the insured, and damages that compensate the insured party for any suffering that resulted from the insurance company's failure to defend.
Q: What is a bad faith insurance claim?
A: A bad faith insurance claim involves, amongst other scenarios, an insurer who wrongfully fails to pay a valid claim. In a bad faith insurance claim, the insurance company often believes the claim is not covered under the insurance policy, and thus denies the claim. Situations that can result in a bad faith insurance claim include delayed or insufficient claim investigation, unreasonable delay of payment and unreasonable denial of claim benefits.
