South Carolina Bad Faith Insurance Claim Attorneys

When you obtain an insurance policy, you form a binding contract with that particular insurance company. You purchase insurance and regularly pay your premiums so that your insurer will risk financial loss by providing you coverage in the event of specific losses or scenarios. Naturally, you have every reason to believe that if something happens to you, your insurance company will act honestly and treat you fairly.

Unfortunately, spending hundreds or even thousands of dollars on insurance premiums each year cannot guarantee that that your insurer will treat you justly when it’s time to file a claim against your policy. Insurance companies do not always uphold their end of the agreement, and sometimes prioritize profits over people.

If you’ve been unfairly denied a claim by your insurance company or have been in negotiations with your insurance company and believe them to be acting in bad faith, consult with a knowledgeable attorney as soon as possible. Don’t attempt to resolve a bad faith insurance claim on your own. We at Kassel McVey can help you pursue your case against your insurer.

What is Bad Faith?

Bad faith refers to a party’s unfair or unreasonable conduct. Insurance companies are required by law to handle claims ethically and with reasonable efficiency, and have a duty to deal with others fairly. When your insurer denies an insurance claim otherwise covered under the terms of your policy, they may be found to have acted in bad faith.

While common cases of bad faith insurance are common in car accidents, insurance companies may also act in bad faith in other cases such as a premises liability claim or medical malpractice claim. Bad faith insurance cases can arise in a great number of situations. These include:

• Failing to investigate a claim
• Refusing to negotiate after a legitimate claim has been filed
• Denying or delaying a claim without valid reason
• Using ambiguous or deceptive terminology or wording in the policy
• Employing biased experts to undervalue a claim
• Paying only a portion of a claim
• Failing to make a settlement offer in good faith
• Failing to act within a reasonable period of time
• Failing to provide a written explanation for denying a claim
• Terminating coverage without notifying the policy holder

Engaging in any of the abovementioned wrongful acts may constitute bad faith, and so legal action may be taken against the insurance company.

Note that the concept of bad faith only applies to first party insurance contracts, or claims made by you against your own insurance company to which premium for coverage is paid. It is not considered bad faith if the insurer of another party refuses to pay you money because there is no existing contract between you and that insurance company.

Damages in a Bad Faith Insurance Case

In 1983, the South Carolina Supreme Court acknowledged that there exists an implied covenant of good faith and fair dealing in any insurance contract. If it can be established that an insurer acted in bad faith when dealing with a policy holder, the policy holder may be entitled to recover damages.

Common damages in an insurance bad faith claim include:

• Payout of the initial claim
• Attorney’s fees
• Consequential damages or foreseeable consequences of having the claim denied
• Emotional distress

If it can be proven that the insurance company’s unreasonable actions in denying the claim were an intentional or reckless disregard for the insured person’s rights, then the insured may also recover punitive damages from the insurer.

Contact Kassel McVey Today

It is not uncommon for insurance companies to delay your benefits, deny what is owed to you, or attempt to give you less than what you should rightfully receive. If you have reason to believe that your insurance company has acted in bad faith, call Kassel McVey today.

We understand how insurance companies work and think, and are familiar with the strategies that they use against their policy holders. We also know the difficulties you and your family are going through as a result of your insurance company’s bad faith actions, and we wish to help you move forward.

At Kassel McVey, we will advocate aggressively on your behalf to protect your rights and see to it that you are given what is rightfully yours. For more information or to schedule a consultation with a South Carolina insurance claim attorney, call us at (803) 256-4242.