Your Rights When Your Insurer Acts in Bad Faith

You pay your insurance premiums faithfully, expecting a safety net should disaster strike. But when you file your claim, you may instead encounter a tangled web of denial and delay. If your insurance company seems not to be properly responding to your claim, it may be acting in bad faith. In that event, an understanding of your rights is essential to taking appropriate legal action.

Insurer bad faith typically occurs when a company neglects or refuses to pay the fair value of a claim without a legitimate reason. In such cases, you can bring a lawsuit against the insurer to recover not just the money owed under your policy but potentially money damages exceeding the policy limits to compensate for the insurer’s misconduct.

Here’s a closer look at the tactics insurers might employ to avoid paying claims:

Lowball settlements — The insurer offers a settlement amount that’s significantly less than what your claim is truly worth. They may hope you’ll be desperate enough to accept a meager sum to cover your losses without going to court.
Rescission by technicality — Here, the insurer attempts to cancel your policy retroactively, citing a minor technicality in your application or paperwork. If successful, they can avoid paying a claim entirely.
Denial of coverage — The insurer simply denies your claim, arguing it’s not covered under your policy. This can be based on a negligent or intentional misrepresentation of policy terms.
Stonewalling — The insurer intentionally delays the processing of your claim, often through excessive paperwork demands or slow communication. The goal is to wear you down until you abandon your claim.
Improper investigation — A thorough investigation is necessary for a fair claim assessment. However, an insurer may conduct a superficial investigation or ignore key evidence to justify denying your claim.
Unreasonable policy interpretations — Here, the insurer interprets the policy language in an overly strict and unfair manner in order to deny or minimize your claim payout.
Fraudulent denials and underpayments — This is the most egregious tactic. Agents and insurers may deliberate ignore policy language or manipulate facts to avoid full payout.

So, what should you do if you discover or suspect any of these actions? The first and most important step is to reach out to an experienced insurance bad faith attorney who can meticulously examine your situation, analyze your policy terms and the insurer’s actions and take an appropriate course of action.

Don’t delay taking action to enforce your rights. There is a two-year time limit (known as the statute of limitations) to file a bad faith lawsuit, starting from the time you discover the insurer’s actions.

If you feel that you are not being treated fairly by your insurance company, call Pulverman & Pulverman, LLP at 805.259.3581 or contact us online to schedule a free consultation.

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- Martin E. Pulverman Raymond J. Pulverman
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RECENT VERDICTS AND SETTLEMENTS
- $4,375,772 Arbitration award to a man severely injured as a pedestrian after being abandoned on the side of Highway 101 at 2 a.m. He was struck and injured 20 minutes later by a hit and run motorist and lost a leg and survived a lengthy coma. His arbitration award was against his girlfriend who was negligent for abandoning him on the side of the road. She disputed any liability and blamed him for being drunk. The award was reduced by 50 percent because of his intoxication.
- $3,500,000 Mediated Settlement for a family rearended by a CHP Officer traveling at high-speed in pursuit of a stolen vehicle. The wife suffered a traumatic brain injury and was unable to return to work. The husband suffered injuries to his shoulder requiring surgery. One child sustained PTSD.
- $3,204,934 Verdict for a man who sued an insurance company for its unreasonable refusal to settle his claim for $100,000 (policy limits). The jury determined that the insurance company acted in bad faith and the court entered a judgment for the injured plaintiff. $2,200,000 Action against international cruise line for injuries suffered on an on-shore excursion based on negligent supervision of the shore excursion provider.
- $2,000,015 Mediated settlement for a man who suffered a crushed foot in a head-on collision in the desert.
  
  $2,000,000 Jury verdict for a female motorist hit by a truck on US 101. She sustained fractures to her pelvis, femur, tibia and fibula requiring surgery.
  
  $2,000,000 Recovered for a motorcyclist who was hit by a truck and sustained orthopedic and traumatic brain injuries.
- $1,250,000 Mediated settlement for a man injured in a motorcycle accident causing a broken foot, clavicle and punctured lung. Dispute over the extent of the injuries complicated by a previously undiagnosed diabetic condition. This represented the policy limits. $1,187,704 verdict on behalf of a bicyclist who sustained shoulder, knee and rib injuries by a truck driver who violated the bicyclist’s right of way.
- $1,100,000 settlement for a man who was rear-ended by an underinsured motorist with a $25,000 liability policy. An additional $1,075,000 was recovered under the underinsured motorist policy.
  
  $1,010,866 settlement for a pedestrian walking out of a store in San Luis Obispo who was struck by a motorist entering a parking space, hitting the gas instead of the brakes, causing a broken leg.
- $1,000,000 Mediated settlement for a man with a fractured pelvis injured in a freeway collision with a driver carrying minimum limits of coverage ($15,000). An employer paid an additional $735,000 for a total policy limit of $750,000. An additional $250,000 was recovered in underinsured motorist benefits (policy limits). $1,055,000 Mediated settlement for a young woman who suffered a fractured knee in the parking lot of an oil change service facility. $1,100,000 settlement for a motorcyclist who sustained a fractured tibia, fibula and ribs when he was struck by a car exiting a driveway. $1,100,000 settlement for a woman who sustained a mild traumatic brain injury as a passenger in a single car collision. $1,051,250 Plaintiff/passenger suffered a fractured femur from a high speed rear end collision. Plaintiff/driver suffered lacerations from flying glass. Defendant contended he suffered a seizure and alleged the sudden unanticipated emergency defense and was diagnosed with epilepsy.
- $1,000,000 settlement for a motorcyclist who injured his leg by a car pulling out of a parking lot. $1,000,000 settlement for a motorcyclist who injured his leg by a car exiting a shopping center parking lot. $1,000,025 recovered for a woman who injured her shoulders and arms in an intersection crash.
- $815,000 Settlement for a man who suffered a herniated disc with an underinsured drunk driver who paid $15,000. An additional $800,000 was recovered under an underinsured motorist policy. $500,000 Mediated settlement for policy limits for a woman who broke her hip in a rear-end accident. The defense contended the injury existed before the accident and initially offered $51,000.
- $675,000 Mediated Settlement for 93-year-old driver was struck by a car that ran a red light in San Luis Obispo County. The plaintiff suffered a fractured right femur and fractured ribs. He was hospitalized for a week and transferred to skilled nursing where he recovered.
- $650,000.00 Settlement for a registered nurse who turned left on a busy commercial street in Ventura when she was broadsided by a speeding driver. Plaintiff suffered a fractured pelvis. She was hospitalized for a week and wheelchair bound for two months. She recovered from her injuries without surgery.
- $600,000 Settlement for a woman who sustained a shoulder injury in an intersection collision with a driver who ran a red light.
- $600,000 Settlement for 63-year-old female injured as a pedestrian by a teenager riding an e-bike. She sustained a nondisplaced pelvic fracture and a bruised knee. She healed without surgery.
- $500,000 Policy limit settlement for pedestrian walking through a private parking lot when the defendant backed out of a parking space knocking plaintiff to the ground. Plaintiff sustained a fractured femur and underwent emergency surgery.
- $475,000 Settlement for dog bite incident. Plaintiff was house sitting and watching the defendant’s sheepdog. The dog bit the tip of the plaintiff’s nose. The plaintiff had plastic surgery to reconstruct his nose.
- $442,858 Settlement and criminal restitution for victim of a hit-and-run auto collision while riding his e-bike. Plaintiff suffered a torn ligament in his knee requiring surgery.
- $410,645 Mediated settlement in a motorcycle crash causing a rotator cuff injury. Disputed over pre-existing medical conditions. $235,000 Mediated settlement for a woman who slipped and fell on water at an auto dealership near a water fountain. $74,277 Verdict for a woman injured in an intersection accident. Dispute over the force of impact. The defense offered $30,000 forcing a trial. The court also awarded $28,547 in costs.
- $300,000 Mediated settlement. Plaintiff was riding a motorcycle when defendant violated his right of way by turning left unexpectedly into his path. Plaintiff sustained a fracture to his right leg and required surgery.
- $280,000 Settlement for 38-year-old woman who sustained 2nd degree burns to her legs when a waitress spilled a bucket of steamed clams and hot broth onto plaintiff’s lap.
- $250,000 Settlement for plaintiff who sustained wrist injuries and developed carpal tunnel syndrome requiring surgery when a commercial truck turned left in front of plaintiff.