Insurance is an essential protection for individuals and businesses alike. When policies are purchased it is with the assumption that should the policy holder need to file a claim for a loss, their insurance company will come through and pay their claim. Unfortunately that is not always the case. You may need an insurance lawyer when your insurance company unreasonably denies your claim or acts in an unfair or unethical manner, the experienced Philadelphia law firm of Bochetto & Lentz can help you to pursue insurance litigation and recover the wrongfully denied claims.
Insurance company denials can be contested, and if the insurance company is found to be acting in bad faith then they not only are made to pay the claim in full but may also be required to pay your legal fees and punitive damages. There are a number of reasons that are commonly provided for denial of a claim. These include:
- Policy Exclusions
These items are often difficult to understand, hidden within fine print and in some cases are determined by courts to be unenforceable if they are misleading or ambiguous.
- Incorrect of Incomplete Claims data
In some cases these denials are based on incorrect information provided by the insured, or an error by the insurance broker.
- Expiration/Lapse of Coverage
In many cases an insured assumes that his or her coverage has been automatically renewed when it has not. This may give rise to an errors of omissions claim against your broker.
- Preexisting Condition
Insurance policies often preclude coverage if they believe an injury existed prior to the accident or purchase of the policy.
- Failure to Avoid/Mitigate Injury
A denial based on the injured party failing to minimize or avoid the injury or to seek treatment to keep it from getting worse.
When a claim is filed to enforce your rights under an insurance policy, the insurer is required to act in good faith in its investigation into the claim. This means that they can’t unreasonably deny the claim and are required to conduct an accurate and thorough investigation. If your insurance claim has been denied the law firm of Bochetto & Lentz can help you to review both the terms of the denial and your policy to determine whether you have a cause of action against the company for breach of contract or bad faith.
When the insurer is shown to have wrongfully denied the claim the insured is able to have the entire claim paid for plus attorney’s fees and punitive damages.
Depending upon the specifics of your insurance denial lawsuit, the law firm of Bochetto & Lentz may be able to effect a satisfactory negotiation and settlement with your insurance company or may have your insurance claim denial overturned. We have frequently been able to obtain punitive damages for our clients as a result of their insurer’s wrongful refusal of their claim.