Bad Faith/Unfair Claims Practices

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Legal Counsel when Insurance Companies Act in Bad Faith towards Policyholders in Tennessee and throughout the Southeast

Holding insurance companies liable when they fail to act appropriately from offices in Nashville, Chattanooga, Memphis, and Jackson

Insurance carriers have a duty to act in good faith. They cannot delay payment to get you to accept a low offer. They cannot deny payment on grounds that they know are not true. Insurance companies must conduct a fair and prompt examination of your claim. Insurance companies need to know there is a firm line between appropriately contesting a claim and acting in bad faith.

At Gilbert McWherter Scott Bobbitt PLC, our Tennessee bad faith insurance lawyers make insurance companies comply with the contracts they prepare and deliver to their policyholders. On behalf of clients in Nashville, Chattanooga, Memphis, Jackson, and across Tennessee, our attorneys hold accountable those insurance companies who fail to comply with their legal and contractual obligations through unfair means. Because of our long background handling insurance disputes and bad faith claims, we know the customs of the insurance trade. Our lawyers understand when insurers are presenting arguments that do not have merit.

Evidence of bad faith

Our Tennessee bad faith insurance attorneys review with our clients every effort they made to get their proceeds paid. We document each instance where an insurance company is failing their good faith duty. Evidence of bad faith can differ depending on the type of insurance policy involved. Some of the indicia of bad faith are:

  • Failing to investigate the claim completely
  • Failing to make prompt payment
  • Raising defenses they know do not apply
  • Refusing to pay the full value
  • Making interpretations of the policy language that are not reasonable
  • Claiming you misrepresented material facts so they can try to invalidate your policy when they know the misrepresentation did not occur
  • Failing to return phone calls, letters, and emails
  • Burying you paperwork or requests for documentation for no good reason
  • Using experts and investigators they know are not credible and impartial
  • Failing to make a fair settlement offer

Remedies for bad faith

Proving bad faith, or lack of good faith, is just the first step. Our Tennessee bad faith insurance lawyers work to show that common law and statutes allow the insured certain remedies that do not normally apply when insurance companies act in good faith. In addition to making the company pay what is covered under the policy, some of the remedies that our firm may seek include:

  • Interest. Insurance companies should not benefit by delay. We demand that insurance carriers pay interest for unreasonable delay in paying benefits.
  • Statutory Bad Faith Penalties. We demand that carriers who commit bad faith pay the statutory penalties that the law allows.
  • Punitive damages. Punitive damages are meant to punish the wrongdoer. Our firm fights to get what the law allows.
  • Consequential Damages. Claimants may be able to receive compensation for damages they suffer as a result of an insurance company’s breach of the insurance policy, including damages that aren’t normally covered by the policy.

Our Tennessee attorneys make insurance companies pay the price for bad faith negotiations

The Gilbert Firm fights for anyone or any business that suffered harm that is covered by an insurance policy. We help residents of Nashville, Chattanooga, Memphis, Jackson, and across Tennessee get prompt payment for their claims. When you pay your premiums, you deserve to have the insurance company uphold their end of the bargain – fairly and on time. To review your case with an experienced Tennessee bad faith insurance lawyer, please call 888.354.FIRM (3476) or complete our contact form.

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Gilbert McWherter Scott Bobbitt PLC and its attorneys do not maintain a bona fide office in the state of Kentucky, and do not maintain a bona fide office within the area code listed. Bona fide offices are located in Jackson and Franklin, TN.
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