Holding Kentucky Insurance Companies Liable For Their Actions
Each time that you purchase insurance coverage, you are entering into a contract with an insurance company. While the contract with your insurance company may be about various types of coverage – from renters insurance to liability insurance – at the heart of all policies is a simple exchange: you regularly pay your insurance claims and the insurance company quickly and accurately pay out claims after an incident or injury.
However, all too often insurance companies don’t hold up their end of the deal. Sadly, it is more lucrative for them to deny valid claims, delay payments, or offer unreasonable settlements than it is for them to act in good faith. They have learned that many people will not stand up and fight when they act in bad faith – and they have learned that they can get away with breaking the law and breaking their contract with customers.
At Gladstein Law Firm, we are committed to helping our clients stand up to Big Insurance and make certain that their claims are handled quickly, fairly, and for the right amount of money. If you have been mistreated by an insurance company or if you are having difficulty settling an insurance claim, we are here to help. Kentucky bad faith insurance attorney Seth Gladstein can examine your case and determine whether your insurance company is acting in a way that is fair and just.
To request a free and confidential case review, please contact us today by calling (800) 991-0474.
Kentucky’s Bad Faith Statute
The Unfair Claims Settlement Practices Act of Kentucky clearly states that insurance companies must handle all insurance claims in a manner that is fair and just. According to the act, an insurance company is acting in bad faith if it engages in the the following:
- Failure to investigate a claim thoroughly and promptly for insurance benefits.
- Refusal or delays in paying and settling a claim without explanation.
- Refusal or delays in paying a claim when the liability is obvious.
- Misrepresentation of pertinent facts to a claim.
- Misrepresentation of pertinent language regarding an insurance policy.
- Using force to persuade a claimant to file a lawsuit when the liability is obvious.
- Refusal to pay the full benefits to an entitled claimant.
First and Third Party Insurance Bad Faith Claims
There are two types of bad faith insurance claims in Kentucky: first-party bad faith claims and third-party bad faith claims.
First-party bad faith claims usually involve property that has been damaged. In these cases, the insurance company evaluates the damage, determines if the incident is covered in the policy, and then calculates an amount to pay the policyholder. An insurance company may act in bad faith in these instances by not properly investigating the claim, by paying the wrong amount on the claim, or delaying payment of the claim. Specifically, first-party bad faith claims commonly involve:
- Health Insurance Policies
- Homeowner’s Policies
- Life Insurance Policies
- Automobile Insurance Policies
- Disability Insurance Policies
Third-party bad faith insurance claims stem from liability claims. In these cases, the insurance company has the duty to defend, the duty to indemnify, and the duty to settle a reasonably clear claim. When someone is injured due to another person’s negligence, it is the responsibility of the negligent party’s insurance company to cover the cost of the injuries. If they refuse, that is considered a third-person insurance bad faith claim. This is often the situation when someone is injured in a car accident that was caused by a negligent driver or when someone is injured on someone else’s property.
Bad Faith Insurance Claims and Punitive Damages
When filing a bad faith insurance claim, the first priority is getting payment for your original claim, whether you are seeking money for a damaged vehicle, a damaged home, or an injury. However, in some cases where the insurance company is blatantly committing insurance fraud at the expense of its policyholders, you may also wish to seek punitive damages. These damages, which can reach into the millions, simply punish the insurance company for its despicable actions and hopefully helps prevent companies from acting in bad faith in the future.
Hold Insurance Companies Responsible For Their Actions
Insurance companies are required under the law to fulfill certain duties. When they break the law, they need to be held responsible for their actions – and you need to get the outcome that you need and deserve.
Seth Gladstein is standing by and ready to help. He will review your case at no cost during a free, private consultation. Contact Gladstein Law Firm today by calling (502) 855-4177 or toll free at (800)991-0474. You may also request an appointment with a Louisville personal injury lawyer by filling out our contact form.
*Each case is different and the past record is no assurance that we will be successful in reaching a favorable result in any future case. Client pays costs only upon recovery.