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Insurance – Bad Faith

Insurance Bad Faith - Bernstein Law Firm - Norman Oklahoma
In Oklahoma, when you sign a one-sided contract with a business or insurance company that agrees to eliminate risk in return for money (such as a premium), the law says that business or insurance company must deal with you fairly and in good faith. The person buying the “protection” and “peace of mind” expects the business or insurance company to pay legitimate claims covered by their agreement or policy in a prompt fashion since a claim would not be made unless a tragedy took place and there is financial duress.

In 2010, Mr. Bernstein set precedent by taking a case to the Oklahoma Supreme Court, wherein the Oklahoma Supreme Court made it clear that in Oklahoma bad faith is not restricted to only insurance claims. Please see Emby v. Innovative Aftermarket Systems L.P., 2010 OK 82, 247 P.3d 1158.

Insurance Bad Faith can take place for a large number of reasons, including, but not limited to: unreasonably refusing to promptly pay the claim in full, choosing to not perform a proper investigation, choosing to not properly evaluate the results of the investigation, choosing to not have a reasonable basis for refusing to promptly pay the undisputed portion of the claim, choosing to not make an offer within its range of value of the claim, choosing to not provide coverage, choosing to not defend a previous lawsuit that was brought against the policy holder, or refusing to settle a claim against the policy holder within his/her policy limits (and thereby exposing the insured to an excess verdict).

Insurance companies and businesses that choose not to live up to their responsibilities can face both breach of contract lawsuits as well as bad faith actions. While breach of contract lawsuits can force the insurance company or business to provide the benefits originally promised, bad faith claims can force the insurance company or business to also pay all consequential damages, including, but not limited to, financial losses, embarrassment and loss of reputation, and mental pain and suffering, as well as punitive damages to deter others from engaging in similar bad faith conduct.

 

Attorney David Bernstein has practiced law for over 30 years, personally representing more than 1000 clients in matters involving insurance bad faith, auto and truck accidents, catastrophic injuries, work-related accidents and injuries, wrongful death and insurance-related disputes.

Mr. Bernstein has received favorable results (including many 6 figure and 7 figure settlements and jury verdicts) for his clients at every level ranging from pre-trial settlements to precedent setting decisions before the Oklahoma Supreme Court.

If you have a legal question about an insurance claim, or if your insurance company has chosen to not process or promptly pay the full value of your legitimate claim, please contact our office for a free confidential consultation.

Bernstein Law Firm
104 W. Gray Street
Norman, OK 73070
800-235-0529 toll-free
405-329-1484 local
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