Insurance policies are your means of security against unexpected accidents, fires, financial or business losses, unwanted health problems and associated medical bills. When you buy an insurance policy, you have the right to fair treatment if you are paying your premiums on time.
Unfortunately, sometimes the insurance companies may not live up to and fail to deliver on their promises. They might delay payments, deny claims and essentially, make you suffer. If you are a policyholder who has suffered due to your insurance company acting in ‘bad faith’, then you need to consult an experienced Wisconsin insurance law attorney at Eisenberg Law Offices in Madison, Wisconsin.
An insurance company commits bad faith and/or breaches its contract with an insurer by: (1) having no reasonable basis for denying an insured’s claims for benefits under the policy and/or failing to make a realistic offer of settlement in relation to the damage incurred by the insured; and (2) the insurance company, in denying the claim and/or failing to make a realistic offer, either knew or recklessly failed to ascertain that the claim should have been paid.
Additionally, insurance contracts have an implied covenant of good faith and fair dealing. This covenant of good faith and fair dealing exists at all times, including during the investigation, evaluation and processing of a claim. An insurance company is required to take the necessary steps to fairly and independently investigate an insured’s claim, evaluate information on an ongoing basis in a fair and impartial manner, pay covered losses in a timely fashion, honor its implied covenant of good faith and fair dealing under the policy and honor other and further terms of the contract.
Bad faith claims against insurance companies may include an award of actual and reasonable attorney’s fees and interest at the rate of 12% per annum from the date the claim should have been paid pursuant to Sec. 628.46 of the Wisconsin Statutes.
Further, if the insurance company denies and/or fails to make a realistic offer on a claim by an insured without any reasonable basis to do so, punitive damages may also be awarded.
As a policyholder, there are a few things you should consider in your relationship with your insurance company. You are entitled to payment of claims in a timely manner. But when you file a claim, you might get your insurance claim denied without a valid reason. Or equally distressing, you might suffer a delay in payment. Your insurance company might be making all sorts of excuses to delay payments. You may be informed that your claim circumstances do not fall under its policy for some reason or your claim is not properly represented.
As you try to negotiate with your insurance company, precious time is wasted and more and more interest accumulates on the money you should have been paid. The insurance company may make unfair demands, such as consulting a doctor they recommend if you have fallen ill, and may put unnecessary conditions on you which might result in an unfair policy cancellation in Wisconsin.
When you file a claim with your insurance company and they delay payment of your benefits, contact an insurance law attorney at once. If your insurance company starts under-evaluating your claim, tries to avoid coverage or denies a claim, you should immediately consult the insurance law attorneys at Eisenberg Law Offices, S.C. located in Madison, Wisconsin. Our expert lawyers will evaluate your case and help you get damages for the emotional and financial stress you are experiencing.
Eisenberg Law Offices has experience in dealing with insurance bad faith legal issues and its complexities. Our Wisconsin insurance law attorneys have the necessary knowledge and experience to determine whether your insurance company has acted in bad faith and to file a claim on your behalf. We provide legal advice, tackle complex insurance litigation and also help you understand the law and how it applies to your case.
We help clients with bad faith claims on homeowners’ insurance, auto insurance, life insurance, and health and disability policies. We also provide legal representation on policies that are part of the Employee Retirement Income Security Act (ERISA), which includes your employer’s benefit plan and health care policy.
When you face an emergency, be it medical, financial or accidental, there is an urgent need for finances. Your insurance company may employ dilatory tactics in order to force you to compromise and accept payments lower than what is rightfully due.
You may not have the time or experience required to negotiate with the insurance company. You need to consult the insurance law attorneys at Eisenberg Law Offices, S.C. who can represent you and enable you to obtain payment on your claim.
If you or a loved one have a legitimate insurance claim denied, delayed or have suffered an unfair policy cancellation, do not hesitate to contact Eisenberg Law Offices, based in Madison, Wisconsin, for a free consultation. You are guaranteed a client-focused approach in solving your problem by our experienced team.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356