Insurance Bad Faith
When an insurer delays, denies, or underpays, the file needs policy-first review.
The policy, complete claim chronology, insurer communications, underlying loss, and resulting harm anchor the first screen.
What is at stake
Why this cannot sit on a shelf.
You paid the premiums for years. Now the claim is delayed, underpaid, or denied, the repairs are unfinished, and the bills keep arriving.
- Policies contain their own notice, proof of loss, and cooperation steps with their own timing.
- A denial letter states reasons that shape the entire dispute, so the wording matters.
- Repairing, discarding, or replacing damaged property can remove the proof of the loss.
When this may fit
Start with a fact pattern, not a conclusion.
A page cannot decide whether a claim exists. These are the kinds of facts that help the firm decide whether a closer review is appropriate.
The insurer delayed, denied, underpaid, or took another disputed position
The claim history and resulting harm are documented
Evidence to preserve
Keep the records that make the chronology testable.
Policy, declarations, endorsements, claim number, and proof of loss
Preserve the original, note where it came from, and keep a simple date index. Do not send sensitive records through a public form.
Denial, reservation-of-rights, delay, estimate, and payment letters
Preserve the original, note where it came from, and keep a simple date index. Do not send sensitive records through a public form.
A chronology of calls, submissions, inspections, requests, and responses
Preserve the original, note where it came from, and keep a simple date index. Do not send sensitive records through a public form.
Evaluation
How the first review tests the matter.
Policy language and the insurer's stated coverage position
The weight of this factor depends on the complete facts, available law, and recoverable proof.
Reasonableness of investigation, communication, delay, or valuation
The weight of this factor depends on the complete facts, available law, and recoverable proof.
Underlying loss, damages beyond policy benefits, and litigation posture
The weight of this factor depends on the complete facts, available law, and recoverable proof.
Deadlines vary by claim, party, forum, and facts. This page does not calculate a filing or notice deadline. If timing may matter, call promptly.
Open the related preparation guideWhat to expect
What the first review actually does.
- Conflicts and parties first
Everyone on every side is identified before a closer review, because a conflict controls whether the firm can look at the matter at all.
- A timing screen, not a deadline calculation
Known dates, notices, and procedural steps are reviewed against your facts. No web page and no first call can promise you a filing date.
- A preservation list
What may disappear first is identified early, including records held by an employer, an insurer, an agency, or a company.
- A next step you can act on
Engagement discussion, a request for specific information, a referral, co-counsel review, or a decline. No acceptance, outcome, or response time is promised.
Frequently asked
Insurance Bad Faith questions.
What should I ask my insurer to put in writing?
Ask for the claim number, the adjuster and supervisor contact information, the specific policy provisions being relied on, the reason for any denial or reduction, and a copy of the complete policy including endorsements. Keep every response.
Is a low estimate the same as bad faith?
A disagreement about value is not automatically a bad faith claim. The review looks at the policy language, the investigation, the communications, the timing, and whether the position taken was supported. Bring the estimates and letters so the conduct can be examined.
What if the insurer is defending me but sent a reservation of rights?
A reservation of rights letter tells you the insurer is defending while reserving positions on coverage. Keep it. That letter, the policy, and the correspondence are central documents in any later coverage dispute.
First review
Send a short chronology and the parties involved.
The firm may accept, refer, co-counsel, or decline a matter after conflicts and fit review. Contact alone is not representation.