Insurance companies, due to their greater bargaining power, are held to a standard of care when upholding their insurance agreements with their insurers. A bad faith insurance claim can be made whenever an insurance company fails to process an insurance claim in a reasonable manner. Bad faith can be found in the following instances:
The Pennsylvania Supreme Court stated that bad faith is found in any frivolous or unfounded refusal to pay proceeds of a policy. Pennsylvania courts follow a two-part test when finding bad faith insurance.
The insured must show that:
The Pennsylvania courts do not require malicious intent in bringing a bad faith claim against an insurer. Pennsylvania courts do not impose a high burden on plaintiffs to prove bad faith claims encouraging pursuit of insurance coverage disputes.
If a court finds that the insurance company acted in bad faith, the plaintiff may recover damages. Plaintiff may be eligible to recover interest on the amount of a claim from the date the claim was made. Plaintiff may also be eligible for punitive damages, as well as costs and attorneys’ fees.
If you have reason to believe your insurance company acted in bad faith, a Pittsburgh bad faith insurance lawyer at AlpernSchubert P.C. can help. If you faced a denial of coverage or have otherwise been treated unfairly by your insurance company, you may have a claim of bad faith against them. Contact us online or call us at 412-765-1888 for a free consultation today. Located in Pittsburgh, we serve clients throughout western Pennsylvania, including Allegheny County, Lawrence County, and Washington County.
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