Failure to Defend
The failure to defend a policyholder in a lawsuit is a form of insurance bad faith. Insurance companies acting in bad faith typically do not uphold the following:
- If you are the policyholder and were sued for an accident that occurred on your property, then your insurance company has the duty to defend you.
- If you were sued for causing a car accident that resulted in injuries, your insurance company is obligated to defend you.
Denial of Insurance Claims
Most insurance policyholders are shocked when they receive a denial of benefits letter from their insurance company saying that the company has denied payment on a claim or canceled the policy. The policyholder, who has faithfully made payments for years, understandably feels he or she has been treated unfairly by the insurance company. Here are some reasons for underpaid claims or claim denials:
- The claim made was not covered by the policy because of an exclusion or because it is the wrong type of policy.
- The claim was poorly presented, so the insurance company wrongly decided that the claim was not covered.
- An insurance adjuster failed to review the evidence in good faith, and the adjuster had already decided to deny the policy.
For more key issues in insurance law, visit the San Diego County Bar Association website.
This information is for educational purposes only and is not intended to provide legal counsel or serve as legal advice. If you have an insurance law matter, it is best to consult the advice of an attorney. You can get referred to an attorney for a free 30-minute consultation through the San Diego County Bar’s Lawyer Referral & Information Service at www.sdcba.org/ineedalawyer or by calling 1 (800) 464-1529.