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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Contact the New Orleans, Louisiana, based law firm of Bienvenu, Foster, Ryan & O'Bannon, L.L.C. to learn more about our insurance defense services and how we can help you.
The attorneys at Bienvenu, Foster, Ryan & O'Bannon, L.L.C. have extensive experience in a wide variety of insurance defense matters. Contact us to learn more about our firm and our services.
Insurance Law - An Overview
Most people have at least some type of insurance, such as auto, health, life, home, disability, fire/casualty, renters, title, marine or long-term care insurance. Businesses and professionals often also take out insurance policies, including small business, liability and workers' compensation insurance. Insurance law primarily involves issues arising out of a contract between the insurance company and the insured party. Generally, an insurance contract distributes some type of risk among a substantial number of members through an insurer, typically an insurance company. If you are facing insurance law issues or have questions about an insurance policy claim or related coverage matters, contact an attorney at Bienvenu Foster Ryan & O'Bannon LLC in New Orleans, Louisiana, to schedule a consultation.
Role of Insurance Companies - The Insurer as an Underwriter
In an insurance policy or contract, the insurance company takes on the role of an underwriter, meaning the insurance company establishes and receives a premium for the period in which the insurance is provided. Premiums include the amount of money necessary to cover all costs, including paying proceeds on losses under the insurance policy, establishing legitimate contracts that conform with state and federal regulations, investigating legitimate claims, defending against fraudulent claims and engaging in educational efforts to minimize loss. The insurance company then becomes personally liable to pay the proceeds of any loss under the insurance policy.
Coverage of Claims and Filing a Claim
Typically, an insurance policy includes specific requirements that an insured must follow in order to receive any proceeds from his or her policy. Many people never read their insurance policies, and when they file a claim are surprised to learn that they have not followed important requirements. These requirements generally include guidelines regarding notice of a claim, timeliness in filing of a claim, proof of loss, appraisal and prevention of subsequent damage. To prevent delay or denial of your claim it is also important to maintain good records of insured items, including receipts, warranties and valuation documents. In addition, it is crucial that all insured parties understand and be aware of the specific requirements outlined in their insurance policies. To learn about your insurance company's requirements for filing a claim, contact your insurance company and request a copy of your insurance company's policies and procedures, as well as a copy of your specific policy.
If you need to file a claim, are having difficulties filing a claim with your insurance company, or have questions about coverage of your claim, contact Bienvenu Foster Ryan & O'Bannon LLC in New Orleans, Louisiana, to schedule a consultation with an attorney.
Bad Faith and Refusal of Claims
Bad faith claims are situations where claimants sue the insurer for improperly denying valid claims. This cause of action has been adopted by most states to further protect insured individuals in their interactions with insurance companies. A bad faith cause of action is a combination of a tort and a contract claim. This action is based on a fundamental principal of contract law that there is an implied covenant of good faith and fair dealing on both sides of every contract. If you believe your claim has been wrongly denied or refused or that you have been the victim of a bad faith failure to pay a claim, contact an attorney at Bienvenu Foster Ryan & O'Bannon LLC in New Orleans for more information about your situation.
Duty to Defend and Defense of Claims
Generally, insurance policies include a clause that places the duty to defend an insured individual on the insurance company as long as the event on which the cause of action is based is covered by the policy. Insurance companies have a duty to defend an insured individual, even if an allegation is false, fraudulent or groundless; however, in these situations, the insurance company may not have to pay out proceeds to the insured party based on the invalidity of the claim. If an insurance company fails to uphold its duty to defend one of its insured, the insurance company may be held liable for damages suffered by the insured. If your insurance company has not upheld its obligation to defend you against a claim brought by a third party, contact an attorney at Bienvenu Foster Ryan & O'Bannon LLC in New Orleans, Louisiana, for assistance.
