Posted on:Jun 06, 2020
Insurance is a type of protection that gives policyholders peace of mind in knowing their health, body, property, or assets will be safeguarded in the event of an incident. The company acting as the insurer provides the financial support in exchange for a premium being paid by the policyholder. By law, the insurance company is bound to provide the insured with any help, assistance, or support at the time of need.
If the insured had an accident, the insurance company must provide all services and coverage that was outlined in the contract signed by both parties. As soon as payments are made, and up to date, both parties must adhere to the rules of the contract. If the insured or insurance company does not fulfill all of the terms of the contract, it may be considered a breach.
There are a number of ways in which either an insured party or insurance company can breach a contract. For example, as a lawyer might explain to you, if an insurance company denies any rightful coverage to the insured, it may be considered a breach. Or, if the insurance company only pays for a portion of a claim after a weather-related event, it may be a breach.
In some cases, a breach of insurance contract can lead to a bad faith insurance claim. Insurance companies have a duty to offer the insured good faith and fair dealing practices. Sometimes the company will practice acts of bad faith; such as failing to pay on a claim.
If you can prove that an insurance company breached the covenant of fair dealing and good faith practices, it may be possible to recover damages that results from the breach. These damages may include:
It might also be possible to recover damages for emotional distress; however, you would need to prove that the insurer’s conduct, or lack of, was the direct result of it. In general, as a lawyer might tell you, once any of the economic losses are established, damages for emotional losses can be recovered.
All states have time limits to file an insurance breach of contract claim or bad faith insurance claim. In general, this statute of limitations is two years from the date of incident or discovery. Many insurance companies have their own contractual obligations which give the insured just one year after the breach – regardless of what the state laws are. Calculating this one year period is not always easy which is why you should reach out to a qualified lawyer for guidance.
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