Insurance Company Denies Claim and Commits Bad Faith
You buy an automobile insurance policy from "ABC Insurance Company" to pay off any claim brought against you if you are negligent and cause an auto wreck. One day you are driving down the road and your cell phone rings and you pick up the phone to see who it is that is calling. You look up and see a car right in front of you and you slam on the brakes to avoid the crash, but end up slamming into the rear end of the other driver. You go to see if the other driver is OK but you see the driver is in obvious pain.
AN INSURANCE COMPANY HAS THE OBLIGATION TO PROTECT ITS INSURED FROM A JUDGMENT OVER AND ABOVE THE POLICY LIMITS OF THE POLICY.
Fast forward. A lawsuit is filed against you for the injuries and damages that you allegedly caused the other driver, and you find out that the other party advised your insurance company that he was willing to settle for your policy limits but your insurance company refused to settle the claim. The matter goes to trial and a judgment is rendered well above your policy limits. What can you do?
AN INSURANCE COMPANY'S REFUSAL TO SETTLE A BODILY INJURY CLAIM FOR THE TENDER OF POLICY LIMITS CONSTITUTES BAD FAITH WHEN THE CLAIM IS NOT FAIRLY DEBATABLE.
In the case where the insurance company wrongfully refuses to pay off a claim against you, the insured, the tender of policy limits of the policy, you as the policyholder or insured have a claim against the insurance company for bad faith and unfair claims settlement practices for any judgment imposed against the insured beyond its policy limits. In cases where your insurance company engages in bad faith, the policyholder has the ability to assign the claim to the plaintiff to allow the plaintiff to go after your insurance company for any judgment in excess of your policy limits to avoid you having to pay the claim or file bankruptcy.
If you or a loved one have been injured due to the negligence of a third party and/or are the victim of the exercise of bad faith and unfair claims settlement practices, you should consult with an experienced trial attorney. Boise Personal Injury and Bad Faith/Insurance Dispute Attorney Alan Morton has over 31 years of experience handling insurance claims. Mr. Morton would be happy to schedule a free initial consultation to discuss your legal rights and remedies at his office or your home, workplace, hospital or any other convenient location. You may contact Mr. Morton at 208.344.5555 or toll free at 888.716.8021 or by way of an online contact form. Call Mr. Morton. Right now!!