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Bad Faith Insurance Claims Attorney

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With Proficient Long Term Disability Lawyers in San Francisco

When an insurance company acts unreasonably in denying a covered claim, the insurer has acted in bad faith. Consistent and timely payments of your premiums should result in benefits being paid for a legitimate claim. However, some insurance companies seem to be in the business of collecting your money and not paying you the benefits that you deserve. At the law firm of Delfino Green & Green, our San Francisco bad faith claims attorneys work to hold your insurance provider accountable when it wrongfully and unreasonably denies a valid claim.

Contact us online or to call us today at 415-442-4646 to schedule a free consultation with one of our knowledgeable Bad Faith Insurance Claim Attorney in San Francisco.

Dedicated & Relentless Legal Representation

With decades of experience in insurance law, our San Francisco bad faith claims attorney aggressively pursues claims against insurance companies that act in bad faith. An insurance company acts in bad faith when any of the following occurs:`

  • Failure to settle a claim in a timely manner
  • Failure to promptly or thoroughly investigate a claim
  • Unreasonable interpretation of policy language
  • Unreasonable delay in payment
  • Unreasonable or unjustified denial of benefits
  • Refusal to settle a case or pay full benefits
close up of hands holding bad faith insurance claims documents

Do not accept the decision of an insurer as the final verdict. Your insurance company will have several lawyers at its disposal. Level the playing field with help from our effective and aggressive legal team. Whether your claim has been turned down by UnumProvident or another insurance company that has wrongfully denied a claim, you can rely on us to launch a thorough investigation and build a strong and compelling case strategy.

A successful outcome may provide you with more than the money that is owed to you under your policy. You may be entitled to damages for any losses, emotional distress, and/or attorney’s fees that resulted from the delayed payment. In some circumstances, you may even be entitled to punitive damages.

Frequently Asked Questions About Bad Faith Insurance Claims

What is bad faith insurance?

Bad faith insurance occurs when an insurance company fails to uphold its legal duty to treat policyholders fairly and in good faith. This could involve denying a valid claim, delaying payment without justification, or misrepresenting policy terms. In California, insurers must meet high standards of honesty and fair dealing, and failure to do so can lead to legal action.

How to sue an insurance company for bad faith?

Suing an insurance company for bad faith typically begins with gathering evidence of the insurer’s wrongful actions, such as correspondence, denial letters, and claim records. You’ll then need to file a lawsuit in the appropriate California court, which often requires the assistance of an attorney experienced in bad faith litigation to navigate the complex laws and deadlines involved.

How to prove bad faith insurance?

To prove bad faith, you must show that your insurer unreasonably denied or delayed your claim and that this conduct was without proper cause. Evidence might include policy documents, communications from the insurance company, and testimony from experts familiar with claims handling practices in California.

How to file a bad faith insurance claim?

Filing a bad faith claim involves first submitting your original claim to the insurance company and documenting every interaction. If the insurer mishandles your claim, you can then file a formal complaint or lawsuit alleging bad faith. Working with a lawyer in the Bay Area can help ensure the claim is properly presented and supported by evidence.

Can I sue an insurance company for bad faith?

Yes. California law allows policyholders to sue insurers that act in bad faith. A successful lawsuit can result in compensation for the original claim amount, additional damages for financial harm, and in some cases, punitive damages meant to punish particularly egregious conduct.

How to determine bad faith insurance?

Bad faith is determined by whether the insurer’s actions were unreasonable or without proper cause under the policy and California law. This includes analyzing the claim’s facts, the insurer’s investigation process, and whether their decision aligned with industry standards.

Can healthcare insurers be sued for bad faith?

Yes. Health insurance companies, just like auto or homeowners insurers, can be held liable for bad faith if they wrongfully deny or delay coverage for medical treatment or misrepresent policy benefits. This is especially significant in California, where health coverage disputes can directly impact a patient’s well-being.

How do insurance companies act in bad faith?

Common bad faith tactics include denying valid claims without a proper investigation, offering unreasonably low settlements, delaying payment unnecessarily, misrepresenting policy terms, and failing to communicate key information to the policyholder.

How to initiate a bad faith insurance claim?

The process usually starts with sending a written demand to the insurer outlining their wrongful conduct and giving them a chance to correct it. If they refuse, you can file a lawsuit in California court. An experienced bad faith attorney can help draft the demand and prepare the case for litigation.

How to report a bad faith insurance claim?

You can report suspected bad faith to the California Department of Insurance, which investigates complaints and may take enforcement action. However, to recover compensation for your losses, you typically need to file a private lawsuit.

What are contract damages?

Contract damages are the amounts awarded to put the injured party in the position they would have been in if the contract—here, the insurance policy—had been fulfilled. In bad faith cases, this includes the value of the original claim plus any additional financial losses caused by the insurer’s breach.

What is the Unfair Claims Settlement Practices Act?

This California law outlines prohibited claims-handling practices, such as misrepresenting policy provisions, failing to acknowledge communications promptly, and refusing to pay claims without conducting a reasonable investigation. Violations can be evidence of bad faith.

What are examples of valid reasons a claim can be denied?

Valid reasons include non-covered losses under the policy, lapsed coverage due to nonpayment, or insufficient proof of the claimed damages. A denial based on legitimate policy terms is not bad faith.

What is meant by an insurance company’s duty to defend?

The duty to defend means that if you are sued for something potentially covered under your policy, your insurer must provide and pay for your legal defense, even if the allegations are later found groundless.

How do I get punitive damages in a California bad faith case?

Punitive damages require showing that the insurer acted with malice, oppression, or fraud. This is a higher standard than proving bad faith alone and often requires compelling evidence of intentional misconduct.

Can misrepresenting policy language be considered bad faith?

Yes. If an insurer deliberately misstates what the policy covers to avoid paying a claim, this can be grounds for a bad faith lawsuit in California.

What if my insurer pressured me into accepting a lowball settlement?

If you were coerced or misled into accepting an unreasonably low settlement, you may have a claim for bad faith. An attorney can review the circumstances to determine if the insurer violated California law.

Why does my insurance company keep requesting documents they already have?

Repeatedly requesting the same documents without justification can be a delay tactic. If this is done to avoid paying your claim, it may constitute bad faith.

How do I explain to a lawyer what’s happening if I don’t fully understand the policy language?

You can bring all correspondence, policy documents, and claim records to your lawyer. A skilled attorney will interpret the language for you and identify whether your rights have been violated.

What if I accepted a settlement and later discovered the insurer withheld key information?

If you can prove that the insurer intentionally withheld material information that would have affected your decision, you may be able to challenge the settlement and pursue a bad faith claim for additional damages.

Call us today at 415-442-4646 to learn more and speak with one of our experienced San Francisco bad faith claim attorneys.

Verdicts & Settlements

We’ve recovered millions for our clients

Construction Death

The husband and father of 4 young children was working at a construction site when he died because of another contractor’s negligence. After more than two years of hard fought litigation, our team of experts was able to win a tremendous victory on behalf of our clients and ensure that all of their financial needs will be met. We could not bring back the husband/father for this family, but we were able to protect them from the financial devastation that can and often does result where the primary source of income for the family is taken away. We then worked with our team of financial planners to make sure that this family will always have financial security.

$10,400,000

Bad Faith Insurance Claim

Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.

$10,000,000

Traumatic Brain Injury

A 16 year old developmentally disabled kid was hit by a bus while in a crosswalk. He suffered a concussion which turned into post concussive syndrome, where the symptoms of the concussion don’t heal completely. This is also known as a mild Traumatic Brain Injury (“mTBI”). Our firm was hired as trial counsel 6 months before trial because of our expertise in TBIs as well as cutting edge trial techniques. When we first associated into the case, there was a very minimal settlement offer and it did not appear that the Defense was taking the case seriously. Our team of attorneys, experts and staff immediately immersed ourselves in the case as we prepared to demonstrate the catastrophic consequences of this incident. Shortly before trial, the Defense could see that we had put all the pieces together to prove liability and that full justice for our young client required damages in the many millions of dollars. The matter settled for $5,750,000.

$5,750,000

Disability Claim

Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.

$2,400,000

Traumatic Brain Injury

Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.

$2,000,000

Heart Condition Disability

Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.

$1,800,000

Builder’s Risk/Collapse

A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.

$1,700,000

Traumatic Brain Injury

Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.

$1,000,000

Heart Condition Disability

Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death.

$1,000,000

Traumatic Hand Injury

Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.

$985,000

Aviation Death Settlement

A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.

$975,000

Forklift Accident

A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.

$700,000

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