Bad Faith Litigation: The Denial of Insurance Claims
Insurance Claims - ill health, accident, injury
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Barry, Doncaster At Alexander Harris we work exclusively for members of the public in the area of health law. As a result we often come across cases where someone has suffered an injury or illness and where they have the benefit of ill health, accident or injury insurance cover.
In some cases their health insurers have refused to pay, despite the fact that an individual has paid for this cover. This can be for a number of reasons, but sometimes the insurance company may have breached their contract with you or have acted unfairly or unreasonably. We call these cases 'bad faith cases.'
Breach of contract
A bad faith claim suggests that the insurance company did not live up to their part of the contract with you and that they acted unreasonably in wrongfully denying your claim. Insurance policies require that the insurance company act in good faith when reviewing a claim. If they do not perform an adequate investigation, attempt to settle your claim for less than its worth, or deny you cover altogether you may have a bad faith claim.
There are many instances that can involve a bad faith insurance claim, including delaying a claim investigation, not performing a thorough investigation of a claim, delaying payment unreasonably, denying benefits to a claim unreasonably, as well as many other reasons.
Time limits on bringing a claim
If you need to make a claim, it can be denied because you have waited too long. You should therefore seek legal advice immediately.
Choosing a specialist solicitor
This area of law is very complex and for all these reasons you should contact someone who has handled such claims before.
At Alexander Harris we specialise in health law for individuals including bad faith insurance claims. We have considerable knowledge and skill when it comes to representing a client with a bad faith claim. With decades of collective experience, lawyers at our firm consistently gain some of the largest recoveries in personal injury, clinical negligence and insurance cases.
We will review the details surrounding the disagreement along with the insurance policy. We need to show that the insurer did not live up to their end of the contract. In the event that we feel there is a case to answer the matter can often be sorted out by having our bad faith litigation solicitor write a letter to the insurer. Some disputes and claim denials may be contested by the insurer and will therefore then require a different approach which may result in litigation on your behalf.
Bad Faith Litigation Compensation
Compensation in bad faith litigation can include monetary compensation equal to what the claim was worth (plus interest) and any other expenses that resulted from the denial of the insurance claim. You may also be eligible for compensation of your pain and suffering.
Case Studies
- Timothy was involved in a road accident and sustained a severe head injury that will affect him for the rest of his life. Before the accident Timothy had taken out a Permanent Health Insurance policy. His insurers refused to honour his claim on the basis that he might not have a permanent injury.
- Ian took out a critical illness policy that would provide around £7,000 net per month in the event of illness. He subsequently became ill and his insurers started making payments. They then terminated payment. We obtained a medical report to challenge this stance and to ensure that Ian continues to benefit from the cover he purchased and paid for many years ago.
- Marianne was running her own successful company when she was diagnosed with kidney failure. She had to undergo daily dialysis and she was unable to work to the levels which she previously had. Marianne called on the insurance she had purchased to help her should such a circumstance arise. The insurers refused her claim.
- Whilst on holiday in Spain Henry sustained a spinal cord injury in a diving accident. We are now negotiating with his travel policy providers as he had taken out a policy which offered payment in the event of permanent disability.
If you believe that you might have a legal claim relating to Bad Faith Litigation: The Denial of Insurance Claims , please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in Bad Faith Litigation: The Denial of Insurance Claims .
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