INSURANCE DISPUTES – BAD FAITH IN SOUTH CAROLINA
INSURANCE DISPUTES – BAD FAITH IN SOUTH CAROLINA – LAWYER IN COLUMBIA, SC
INSURANCE DISPUTES – BAD FAITH
If you or your company has been wrongfully denied insurance benefits which are under a valid and current insurance policy, you may be required to use the judicial process. Insurance is nothing more than a contract between two parties and, unless the insurance was a benefit provided by your employer, you have a right to sue in contract in SC State Courts.
In South Carolina as well as most states, case law has developed specifically related to insurance claims not paid or benefits not received. Some of these issues are as follows:
– The Insurance Company not paying or refusing to pay claims that are valid without conducting a good faith or reasonable investigation based upon all available information;
– Failing to affirm coverage of claims within a time period, after proof of loss statements have been completed, unreasonably;
– Denying coverage that exists under a reasonable reading of the policy language as a whole;
– Assertions or promises made by the insurer or independent agent which are later declined without reasonable cause.
– An insurer or agent misrepresenting pertinent facts or policy provisions relating to coverage;
– Failing to negotiate or attempting to resolve matters covered, in good faith, which would provide prompt and fair resolutions of claims in which liability has become clear.
BAD FAITH CLAIMS:
If there are facts to indicate that the Insurer acted in bad faith, damages exceeding the amount of the disputed coverage can be alleged and recovered in many instances. The fifty states are the central regulating agencies for insurance. South Carolina law in certain circumstances allows people and businesses, who are subject to bad faith actions by Insurers as to their own contracts/policies and payment of claims, to recover attorney’s fees.
The attorneys at ORMOND-DUNN have handled many insurance claim disputes and are ready to represent you or your company with Contract and/or Bad Faith Claims.
