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April 28, 2012

Phoenix Insurance Bad Faith Attorney Discusses INSURANCE BAD FAITH DAMAGES

Experienced Phoenix insurance bad faith attorneys like Shane L. Harward will seek different kinds of damages from the insurance company that acted in bad faith. If you are considering legal action against your insurer for bad faith intentional claim denial, unreasonable delay or nonpayment on a claim, and so on, then this article is for [...]

 

Insurance Consumer Attorney – Arizona Residents Battle Bad Faith Insurance Companies

When was the last time you purchased an insurance policy? Did you get explanations that were fully comprehensible to you and not so much “insurance legalese”? Did you take time to carefully read through the printed policy terms before you signed and paid the premium? Did you feel free to negotiate with the insurance agent on a policy that really met your needs and the needs of your family? Did you get to bargain for the insurance policy language you preferred or did the insurance company offer you an insurance policy to either take or leave without any input from you on the insurance policy language? If not, you are not alone. Most individuals rely exclusively on their insurance agent’s verbal assertions, descriptions, and promises about what the policy will cover.

Did you know enough about the policy terms to allow you to comparison shop for a better deal with a different insurer? According to our insurance bad faith attorney, Arizona consumers seldom get detailed answers to their questions about policy coverage before they enter into the insurance contract. Arizonans typically fill-out the insurance application, dutifully pay the premium, and then place the written declaration of insurance away in a file or safe box. The only time the policyholder reviews the coverage is following an accident, property loss, emergency hospitalization, or some other incident. When the insurance consumer finally sits down to read the insurance policy, they will discover that it is not easily understood.

From an Insurance Bad Faith Attorney, AZ Consumers Should Always Seek an Independent Legal Opinion

Shane L. Harward knows that, as a practicing insurance attorney, Arizonans routinely purchase insurance without thoroughly investigating the coverage details presented in the policy.

The most important aspect of any insurance policy is what it will and will not cover. Most claims denials are based upon exclusions in the insurance policy. Exclusions usually appear on the last several pages of the insurance policy and attempt to take away the coverage that appears on the first couple pages of the insurance policy.  Many insurance consumers are unaware of these exclusions and frankly, the exclusions are usually difficult to understand even if the insurance consumer is aware of them.

Unfortunately, most policyholders don’t find out what is actually covered until they file a claim. After paying premiums for years, sometimes decades, when Arizona insurance consumers actually file bona fide insurance claims they may be notified by their insurers that the policies bought and paid for don’t cover their medical expenses or damages originally thought. When you don’t really understand your policy provisions, how will you know if your insurer wrongfully denies your claim? You need an independent legal opinion to determine if the claim denial was violates Arizona’s duty of good faith and fair dealing.

Compounding the problem, Arizona residents who lack a clear understanding of their insurance policy coverage are much more vulnerable to the wrongful denial of claims. Those consumers may not know how to challenge their insurance company’s bad faith refusal to pay insurance benefits. And in some cases, the insurance company will attempt to rescind, or cancel, the policyholder’s insurance altogether in a blatant refusal to cover medical expenses from illness, injury, or hospitalization. Insurance consumers often believe they have no rights to insurance proceeds when insurers, acting in bad faith, pull out all the stops to avoid paying on legitimate claims.

Although the insurance policy represents a contract between the insurer and the insured, insurance policies are what the law calls adhesion contracts because the policy language is not subject to bargaining by equally positioned parties. Insurance consumers are almost always in the weaker bargaining position and take what is offered. The insurance company is at a distinct bargaining advantage, and they know it. They are the insurance experts. They draft the insurance policies. They investigate the claims. They control the money. They decide how much to pay or not pay. If you suspect that your insurance company is acting in bad faith and breaching the terms of your insurance policy agreement, that’s when you need aggressive legal representation and advocacy.

Your Bad Faith Insurance Attorney in Arizona

Do you feel pressed or intimidated into accepting less than what you feel that your insurance company agreed to pay under the insurance policy? When your insurer has rejected your claim or minimized coverage for your losses, call Shane L. Harward – Insurance Bad Faith Attorney, Arizona – at 480.874.2918.  Don’t let the insurance company double-talk you out of the full value of your legitimate claim. When you suspect bad faith on the part of your insurer, contact the Law Offices of Shane L. Harward, PLC, today and protect your rights to full recovery.

Phoenix Insurance Bad Faith Attorneys – Review of Unfair Claim Settlement Practices

Unless you’ve been treated unfairly by an insurance company and sought representation with an insurance bad faith attorney in Phoenix Arizona, cases of unfair claim settlement practices are probably a bit of a mystery to you. To clear up a few misconceptions about what an unfair insurance claim settlement practice actually is in Arizona, we start with some of those unfair practices described under A.R.S. § 20-461 and Ariz. Admin. Code R20-6-801 (Arizona’s Unfair Claims Settlement Practices Act).

Phoenix, Scottsdale, Flagstaff, Tucson, etc. residents should be aware of the following 15 insurance practices (there are others, too) – all of which can be considered unfair claim settlement practices in Arizona:

1. MISREPRESENTING your insurance policy’s provisions.

2. FAILING to acknowledge and act reasonably when notified of an insurance claim, or unreasonable delay in investigating and processing the insurance claim.

3. TAKING too much time to affirm or deny an insurance claim.

4. REFUSING to pay an insurance claim without first conducting a reasonable investigation.

5. FAILING to reasonably explain the facts or laws that support denial of the insurance claim or offer of compromise.

6. LACKING good faith in providing a fair and equitable settlement when clearly liable; or attempting to influence a settlement under “Part A” of the insurance policy, for example, by delaying payment when clearly liable under “Part B.”

7. MAKING the insured sue to recover what was due under the insurance policy.

8. FAILING to have standards in place to investigate insurance claims.

9. ATTEMPTING to settle for less than a reasonable person would believe he or she was entitled to based on the insurance company’s ads and printed material.

10. RELYING on an altered insurance application when done without the insured’s knowledge or consent, for the purpose of settling an insurance claim.

11. FAILING to include a statement with insurance claims payments explaining the coverage that triggered those payments.

12. THREATENING an insurance claimant with the insurer’s policy of appealing arbitration awards to influence an insured into low-ball compromises and settlements of an insurance claim.

13. DEMANDING duplicate information during the claim investigation by requiring a preliminary claim report followed by a formal proof of loss form with substantially the same information – a tactic meant to delay investigation and payment of an insurance claim.

14. FAILING to pay the medical provider for diagnosis and treatment when the insurer is liable under the insurance policy.

15. DENYING a driver’s claim under a motor vehicle policy solely because the insured had a medical condition that could have affected his or her driving ability.

Have you or a member of your family experienced one of the unlawful insurance practices described in this post? If you believe so, then you need to take action to protect your legal rights.

Call the Law Offices of Shane L. Harward today at 480.874.2918 for a free initial telephone consultation with an insurance bad faith attorney (Phoenix and Scottsdale locations). Peace of mind alone is well worth the call!

 

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