10575 North 114th Street
Suite 103
Scottsdale, Arizona 85259
Tel 480-874-2918
Fax 480-588-5063
Email
Best of Arizona Business
Law Firms Less
Than 25 Attorneys
2005 - Rank #6
2006 - Rank #9
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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:
- Automobile Insurance Claims:
- Homeowner's Insurance
Claims:
- Liability Insurance Claims,
- Medical Payment Benefit Insurance Claims,
- Homeowner Theft Insurance Claims,
- and Property Damage Insurance Claims;
- Life Insurance Claims;
- 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
- Disability Insurance Claims.
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 attorney. If
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
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