There are multiple types of insurance that Pennsylvania residents often invest in. Some include home insurance, car insurance, accident insurance, renters insurance, homeowners insurance, landlord insurance, workers’ compensation insurance, flood insurance, and fire insurance, though there are many other types offering a variety of protections. Accidents in cars or at work, natural disasters, injuries, and death are common reasons for individuals to file insurance claims in Philadelphia.
Under the Pennsylvania Bad Faith Statute, an insurance company can be heavily penalized for engaging in illegal bad faith practices. Three primary penalties exist for such companies according to the statute. The court may charge the company interest on the insurance claim amount from the date that the claim was filed, at the prime rate of interest plus three percent. Additionally, punitive damages against the insurer may be awarded. Finally, the insurer may be responsible for covering court costs and attorney fees.
While there are many examples of bad faith insurance, they all involve the unjust denial or delay of a valid claim. Examples of bad faith maneuvers by an insurer include denying payment of a valid claim or not following through with its payment, delaying processing of a claim or its payment, failing to properly investigate a claim, asserting falsely that investigation of the claim led to its denial when it was not in fact investigated, refusing to explain claim denial, offering a lower settlement than is just given the claim or undervaluing a claim, illegally refusing to negotiate a claim or communicate regarding the processing of a claim, and failing to settle a lawsuit or claim that contains the necessary elements for settlement.
In order to prove bad faith handling of an insurance claim, a plaintiff must prove certain standards. First, they must prove that the insurer did not have reason to delay or deny benefits for the insurance claim filed. Additionally, they must provide evidence that the insurer either knew or recklessly ignored that no reason for denial existed and yet went ahead with denial or delay.
A skilled bad faith insurance claims attorney will help you recover damages for your illegally delayed or denied claim. Damages include actual financial losses resulting from the poor processing of the valid claim, plus interest; court costs and attorney fees payment by the insurer; and even damages for emotional pain and suffering.
If you believe your insurance provider has acted in bad faith regarding a valid insurance claim, you need the support of an experienced attorney. Proper and complete documentation is essential in proving a bad faith insurance claim, as this proves the validity of your case and prepares you to meet the unofficial standards set by the court to meet the Pennsylvania Bad Faith Statute. In order to ensure that you receive the full extent of damages in a bad faith insurance claim, our team at Cohen & Riechelson will walk you through the process of seeing your valid insurance claim addressed, help you gather the required documentation to prove your case, and make sure that all financial and emotional distress you have incurred due to your insurer’s bad faith handling of your case comes back to you with dividends.
We handle bad faith insurance claim issues in Langhorne, Fairless Hills, Bensalem, Bryn Athyn, Yardley, Levittown, Doylestown, and other Philadelphia and Pennsylvania areas. Contact us today at (215) 337-4915 for a free and confidential consultation to learn how we effectively protect Northeast Philly from bad faith insurance maneuvers.
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