10575 North 114th Street
 Suite 103
 Scottsdale, Arizona 85259

 Tel  480-874-2918
 Fax 480-588-5063
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Are you being treated unfairly (in bad faith) by your insurance company? If you've filed an insurance claim and your insurance company refuses to pay, offers you an unfair, low settlement, or uses a variety of stall tactics to delay payment of your insurance claim, call  Phoenix insurance bad faith attorney Shane Harward. From our Arizona law offices in Scottsdale and Phoenix (by appointment only), bad faith insurance attorney Shane Harward helps insurance consumers recover insurance benefits owed to them when the insurance carrier is trying to avoid honoring the insurance contractual obligation to pay legitimate insurance claims.  Phoenix bad faith attorney Shane Harward has been dealing with insurance companies since 1995 and knows their tactics and games.  Before you settle your insurance claim, contact Phoenix insurance bad faith attorney Shane Harward to discuss your options and to get what's fair.

Attorney Shane L. Harward (see also Scottsdale insurance bad faith attorney) has helped insurance policyholders with various types of insurance problems and insurance claims including, but not limited to: 

  1. Automobile Insurance Claims:
  2. Homeowner's Insurance Claims:
    • Liability Insurance Claims,
    • Medical Payment Benefit Insurance Claims,
    • Homeowner Theft Insurance Claims,
    • and Property Damage Insurance Claims;
  3. Life Insurance Claims;
  4. Health Insurance and/or Medical Insurance Claims:
    • Bad Faith Denial of Insurance Benefits,
    • Bad Faith Delay of Payment of Insurance Benefits,
    • and ERISA Insurance Subrogation / Reimbursement Claims; and
  5. Disability Insurance Claims.
 
INSURANCE BAD FAITH

Arizona law requires the insurance company to handle an insurance claim fairly, honestly, and in a timely fashion. After a loss has occurred, whether it be related to a person's home, auto, or health, the insurance consumer is almost always extremely vulnerable due to the emotional and mental stress that naturally arises when an accident or illness has occurred. For that reason, Arizona courts require insurance companies to fully honor their written commitment, the insurance contract between the insurance company and its insurance policyholders, and to respond appropriately when an insurance claim is presented.  Implied in the insurance contract is an obligation of good faith requiring insurance companies to treat their insurance policyholders fairly when evaluating insurance claims. When an insurance company wrongfully denies payment or delays payment of an insurance claim, this is generally a violation of the insurance company's obligation of good faith and fair dealing.

An insurance company can commit insruance bad faith in a variety of ways.  For example, it is bad faith for an insurance company to continually place barriers in the way of its insured to delay payment of a claim.  These barriers can take the form of multiple examinations under oath or requiring the insured to repeatedly prepare the same and/or similar documents with respect to the insurance claim.  It is bad faith for an insurance company to refuse to pay portions of an insurance claim that are undisputed in an effort to force the insured to settle the entire insurance claim for less than a fair value.  It is bad faith for an insurance company to fail to promptly and thoroughly investigate an insurance claim, or to only investigate options to deny the insuance claim rather than ways to pay the insurance claim.  It is bad faith for an insurance company to refuse to pay portions of an insurance claim based upon biased experts that are supposed to be independent.  It is bad faith for an insurance company to require waiver of rights or releases, or to place restrictions that are not contained in the insurance policy, prior to paying portions of an insurance claim that are not in dispute.  Simply put, it is bad faith for an insurance company to place a higher value on its own interests, than the interests of the insurance policyholder, and to treat its insured unfairly so that the insurance company can receive a profit.

INSURANCE BAD FAITH LAWSUIT

When successful in bringing a bad faith claim (samples of representative insurance bad faith claims), an insurance policyholder is entitled to all damages resulting from that claim and, possibly, additional damages not available for breach of contract alone. In cases of extreme misconduct, the insured may also be entitled to receive punitive, or exemplary, damages.  And, in most cases, the successful party to an insurance bad faith lawsuit is entitled to an award of reasonable attorneys' fees.  If you would like more details as to what you should expect during an insurance bad faith lawsuit, please take a moment to look at some of Arizona's standard insurance bad faith jury instructiions.

WHY DOES THE INSURANCE INDUSTRY DO THIS?

A common question is why would a billion dollar insurance company try to cheat its insured out of a few thousand dollars.  It is actually quite simple -- it is much easier for an insurance company to steal and cheat a thousand insureds out of a thousand dollars per claim, than to steal and cheat one insured out of a million dollars.  There are thousands of insurance claims made daily. Sadly, the insurance industry intentionally makes the process difficult so that very few insured parties can contest unfair claim decisions or unfair claims handling procedures without the assistance of an attorney.  

Click here for the Truth About Insurance Companies.

THE CLAIMS HANDLING PROCESS

You must know your rights and obligations in order to protect yourself from a dishonest insurer during the claims handling stage.  Insurers have the right to deny a claim if the insured has not lived up to their obligations under the insurance contract. You should notify your insurance agent immediately if there has been an incident requiring you to file an insurance claim, and you should review your insurance contact to identify the relevant language.  If you have any questions about coverage, your rights, or your obligations, you should contact a Phoenix insurance bad faith attorney immediately.  If you choose not to contact a Phoenix insurance bad faith attorney immediately, please make sure you document all telephone calls with your insurer, and to maintain a complete file regarding the entire claim process including photographs, copies of your insurance contract, and copies of all correspondence exchanged with your insurance adjuster.  This will help your Phoenix insurance bad faith attorney when you eventually hire someone to protect your rights and hopefully keep you from messing up your claim beyond help.

WHEN SHOULD YOUR HIRE A PHOENIX INSURANCE BAD FAITH ATTORNEY?

There is no harm in contacting an insurance bad faith attorney immediately.  The bad faith attorney can help you appropriately present your claim to your insurance company so that you avoid potential problems, and the bad faith attorney can explain to your rights and your obligations.  However, if your insured starts making multiple document requests for the same or similar information, demands that you undergo a sworn statement or examination under oath, or an examination by an expert of the insurance company's choice, you should immediately contact a Phoenix insurance bad faith attorneyIf you believe your insurance company is delaying payment on your claim or your insurance company has wrongfully denied payment for your claim, you have a right to seek independent representation with a Phoenix insurance bad faith attorney and to seek compensation for insurance bad faith from your insurance company.

Phoenix insurance bad faith attorney Shane Harward represents the interests of insureds in all areas, including but not limited to, coverage disputes, examinations under oath, subrogation issues, policy limits stacking, unfair claims practice violations, and bad faith litigation throughout the state of Arizona including, but not limited to, Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, Sun City, Prescott, Peoria, Payson, Flagstaff, Tucson, Kingman, Bullhead City, Yuma, Lake Havasu, Surprise, Payson, Heber, Casa Grander, Maricopa, and other communities in Arizona

Law Offices of Shane L. Harward PLC
Phoenix Personal Injury Attorneys
Arizona Wrongful Death Lawyer
10575 North 114th Street
Suite 103
Scottsdale, Arizona 85259

Phone: 480-874-2918
Facsimile: 480-588-5063