New York City Bad Faith Insurance Lawyer
Has your insurance claim been denied without reason in New York, NY? Does it seem like the insurance company is intentionally dragging out your claim without good reason? Contact Rosenbaum & Rosenbaum, P.C. for legal advice today. An experienced New York City bad faith insurance lawyer can help you fight for fair financial compensation.
Our lawyers have over 40 years of experience fighting for clients across the five boroughs. We’ve put our skills to work to recover tens of millions of dollars in settlements and verdicts for our clients.
If you were a victim of bad faith insurance practices, our lawyers can help you demand accountability. Contact our law offices in New York, New York, to schedule a free consultation today or call (212) 514-5007.
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Why Should I Call Rosenbaum & Rosenbaum, P.C. for Help With a Bad Faith Insurance Claim in New York City?
Dealing with the insurance company can be stressful under the best of circumstances. In a way, the insurance company has all the power. They designed the insurance claims process. It’s common for ordinary people to feel as though they’re at the mercy of the insurance company.
The situation becomes even worse when insurance companies manipulate the system to protect their own financial interests.
When insurance companies act in bad faith, an experienced New York City lawyer can help you fight for justice. At Rosenbaum & Rosenbaum, P.C., our lawyers have been recognized by Super Lawyers and listed among America’s Top 100 Attorneys. We’ve also earned a perfect-10 Avvo rating.
When you hire us in NYC, we will:
- Investigate the circumstances of your insurance claim
- Identify any potential bad faith actions
- Collect evidence to prove the insurance company acted in bad faith
- Aggressively work to recover the value of your claim, plus damages for the additional harm you have suffered
- Bring your case to trial before a judge and jury if necessary
If the insurance company hasn’t paid what you deserve, contact our New York City personal injury attorneys today. The insurance company is much more likely to take you seriously with an experienced lawyer by your side.
Overview of Bad Faith Insurance Laws in NYC
An insurance policy is a contract like any other. When you enter into a contract with the insurance company, you agree to make your premium payments on time.
The insurance company also has obligations under the contract. One of those obligations is a duty to act in good faith to settle valid insurance claims. The insurance company is required to deal fairly with policyholders. Their duty includes an obligation to fairly consider valid claims and pay up when appropriate.
In New York, there is no specific statute that governs bad faith insurance claims, although Insurance Law Section 2601 does create a legal responsibility for insurers. Further, as in any contractual relationship, each party has an implied duty to act in good faith.
“Good faith” means that the insurance company promptly, fairly, and honestly reviews and settles claims. “Bad faith” occurs when the insurance company intentionally or recklessly disregards the insured party’s interests.
How Do I Know Whether I Have a Valid Bad Faith Insurance Claim?
It can be difficult to determine whether an insurance company’s actions amounted to bad faith dealings. You may have a valid claim if the insurance company did not act fairly and honestly with respect to your interests.
For example, you may have a valid bad faith insurance claim if the insurance company:
- Lies about the terms or coverage benefits of your insurance contract
- Fails to promptly conduct an investigation into your claim
- Does not acknowledge the claim or respond to your communications
- Lies or misrepresents the facts to coerce you into accepting an unfair settlement offer
- Lies about insurance company’s financial condition or their ability to pay
- Denies your claim without providing a legitimate justification or explanation (or any explanation at all)
- Engages in tactics to intentionally delay payment of your settlement
- Creates unnecessary or artificial delays, such as by requesting unreasonable documentation or information
- Attempts to change the policy terms after a claim is submitted
- Fails to notify you if they need additional information
- Fails to pay your settlement after the claim is authorized
If the insurance company intentionally lied, delayed the claims process without justification, or refused to pay, you could have a valid bad faith insurance case.
To learn more about your legal options, call Rosenbaum & Rosenbaum, P.C. for a free case evaluation today.
Can the New York Insurance Companies Ever Legitimately Deny My Insurance Claim?
In some cases, the insurance company may deny a claim or extend the claims process in good faith. The insurance company isn’t required to blindly pay every claim.
Some examples of good faith denials include situations where:
- The policy lapsed because premiums had not been paid on time
- There is a reasonable dispute about whether the insurance company is liable
- The specific risk (or individual) is not covered by the insurance policy
- You failed to respond to reasonable requests for information in a timely manner
- You failed to submit the claim in a reasonable amount of time
- The amount of the claim is less than the deductible or above the policy limits
Sometimes insurance companies need additional time to investigate a claim. In these cases, however, they should notify you about the delay or provide justification for why they are denying a claim.
How Much Is My New York Bad Faith Insurance Case Worth?
Some of the most important factors when assessing your case value include:
- The nature of the harm you have suffered
- Whether the delayed payment created additional damage and costs
- The nature of the insurance company’s actions
- Whether any permanent damage has occurred
- How the bad faith insurance practice impacted your quality of life, earnings, and assets
To get a fair sense of your case value, it’s best to consult an experienced New York City bad faith insurance attorney.
What Types of Damages Are Available To Victims of Bad Faith Insurance Practices in New York City?
Like any car accident case, all bad faith insurance dispute cases are different. Regardless of the facts, we’re here to fight for the fair compensation you deserve.
Examples of the types of compensation that may be possible to recover include:
- The initial value of the insurance claim
- Interest charges you incurred due to the delayed payment
- Attorney’s fees and court costs
- Additional property damage that occurred due to delayed repairs
- Any lost wages if you missed work because of the insurance company’s acts
- Additional out-of-pocket costs
- Emotional distress caused by the insurance company’s bad faith dealings
- Pain and suffering
- Inconvenience, stress, and frustration
Punitive damages could also be available if the insurance company’s actions were extremely shocking or malicious. Generally, punitive damages are most likely to be available when the insurance company has engaged in bad faith insurance practices as an ongoing business practice.
Our Attorneys Handle All Types of Bad Faith Insurance Claims in New York City
At Rosenbaum & Rosenbaum, P.C., we handle bad faith insurance claims involving:
- Property insurance
- Homeowners insurance
- Renters insurance
- Business liability insurance
- Disability insurance
- Professional liability insurance
- Car insurance
- Personal injury protection (PIP) coverage
- Commercial insurance
- Flood insurance
- Wind insurance
- Fire insurance
- Health insurance
- Life insurance
- Workers’ compensation insurance
There are two primary types of bad faith claims: first-party claims and third-party claims.
First-party claims are bad faith insurance claims against your own insurance company. For example, if you incurred medical expenses and your health insurance company refused to pay without a legitimate justification, you could have a valid claim.
Third-party claims are claims against someone else’s insurance company. For example, say you were injured in a slip and fall accident while shopping in a grocery store. You may have a valid claim against the store owner’s insurance policy. The insurance company is still required to handle your case fairly and deal with you in good faith.
How Much Time Do I Have To File a Bad Faith Insurance Lawsuit in New York?
Bad faith insurance cases are governed by contract law. Because acting in bad faith is considered a breach of contract, you have six years to file a lawsuit against the insurance company. The six-year clock starts to run on the date the claim denial occurred.
Once the deadline passes, you give up the right to seek compensation.
Initially, it might be hard to tell whether the insurance company is dealing in good faith. So, some time might pass before you realize you should take legal action. Once you do, it’s important to consult a lawyer right away.
At Rosenbaum & Rosenbaum, P.C., your initial consultation is always free of charge. If you even suspect that you’ve been a victim of bad faith insurance practices, contact us today. We’ll take steps
Contact a New York City Bad Faith Insurance Lawyer for a Free Consultation
You don’t have to let a powerful insurance company mistreat you. Our team at Rosenbaum & Rosenbaum, P.C. is here to stand up and protect you. Call our law firm today and schedule a free consultation with an experienced New York City bad faith insurance lawyer.