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Posted in Workers Compensation on August 9, 2022
Insurance policies are supposed to be there when you need them the most. However, if you expect to receive an insurance settlement for a valid claim but the insurance carrier refuses or otherwise makes it very hard to cover the compensation you need, they may be operating in bad faith. Here, we want to discuss what bad faith insurance practices look like and what you can do if this happens to you.
Insurance bad faith laws vary from state to state. In Arizona, state law considers every insurance contract to be an implied covenant that requires good faith and fair dealing by the insurance carrier. If the insurance carrier breaches this contract, it could result in a tort claim against the company.
In this state, there are strict timelines for filing claims related to bad faith insurance. If a person believes that the insurance carrier has treated them unfairly and in bad faith, the individual has two years to file a lawsuit against the insurance carrier. The clock begins ticking from the date the bad faith Insurance act was committed, so we strongly encourage any individual in this scenario to reach out to an attorney who can help them.
There are two main elements of insurance bad faith that must be proven in order for a claim to be successful.
Bad faith insurance claims can be complex, and we strongly encourage individuals to reach out to an attorney as soon as they think the insurance carrier has treated them unfairly. Individuals in these situations may be able to recover various types of compensation. Not only does this include compensation they’re owed for the original claim, but also compensation related to the bad faith claim. Essentially, they could recover a substantial amount above and beyond what they originally would have had the insurance carrier not acted in bad faith.
Our Phoenix workers’ compensation lawyers will fully investigate the claim, look into the original case, and work diligently to recover fair compensation for their client. This could come in the form of a settlement or, if necessary, a trial by jury.