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Within the context of insurance claims, the term “bad faith” is often used by individuals and attorneys to refer generally to almost any improper act or omission alleged to have been committed by the insurance company relating to the processing, adjustment or settlement practices of the insurer.
While coverage disputes often arise regarding the application of a specific policy provision, an insurance company has a duty to act in good faith when making a coverage decision. If your claim was wrongfully denied, it is important that you consult with a qualified and experienced Wisconsin insurance attorney to assess and determine whether a reasonable basis for denial existed under the insurance policy.
If your insurance company has misrepresented the coverage available under the insurance policy or otherwise unreasonably delayed, denied or underpaid your insurance claim, you may have a valid claim involving bad faith allegations against your insurance company, which may entitle you or your business to extra-contractual damages beyond the actual damages covered by the insurance policy.
Combating Insurer Bad Faith
While some insurance claims are fully paid in a timely manner, other people’s claims languish for months or even years without resolution. Unfortunately, many policyholders find themselves in the position of fighting a large insurance company alone while the insurer employs various methods aimed at delaying coverage decisions or intentionally confusing the relevant issues of a particular claim.
When this happens, an aggressive and knowledgeable Wisconsin insurance attorney can help you combat your insurance company as well as uncover evidence supporting allegations demonstrating the insurance company’s failure to conduct a reasonable and independent investigation. Our practice areas for bad faith insurance litigation include:
Failure to Promptly Adjust Policyholder Claim
Many insurance companies utilize outside “independent adjusters” who are not employees of the insurance company. It is not uncommon for the insurance company to advise a policyholder of multiple changes of adjusters during the course of a claim investigation. This often results in repeated delays in the claims handling process and can have the effect of making an insured feel as though they are starting over. Regardless of the tactics, insurance companies are obligated to pay or resolve your insurance claim in a timely manner.
If you have filed a claim with your insurance provider and your claim has been unjustly denied or underpaid, please contact
Daniel P. Kondos today.
Premises liability related accidents can occur at restaurants, supermarkets, ballparks, large sports arenas and sundry other places. Inside buildings, dangerous conditions such as lack of security or security cameras, torn carpeting, abrupt changes in flooring, poor lighting, narrow or poorly maintained stairs, or a wet floor can cause victims injury. The owner or operator of a business has a legal duty to maintain the premises in a reasonably safe condition, or at least to warn the public of a dangerous condition that may exist, or that the owner was aware of, or should have been aware of. If this duty is not met, and one is injured on someone else’s property as a result of an owner’s failure to meet proper conditions, then one may have a valid claim against that business owner or operator. Premises liability claims encompass a variety of injuries including but not limited to injuries sustained in elevators, stores, building corridors; injuries sustained outside on private or public land; injuries sustained in resorts; injuries sustained during recreational activities; injuries sustained in swimming pools.
Slips and falls are the most common types of premises injuries, but premises liability lawsuits may also stem from any kind of unsafe or dangerous conditions on the premises, or a defect in construction, or inadequate maintenance of the premises where an injury or accident occurs. Premises liability injuries include injuries sustained from toxic chemical exposure, toxic mold, lead poisoning, defective lighting, failure to warn of hazardous conditions on the property, improperly maintained equipment, dog bites and animal attacks, and the list goes on. If you believe you or a loved one may have a premises liability claim,
Daniel P. Kondos today.