“Bad faith” refers to failure to uphold the terms of a contract. Most personal injury bad faith claims involve insurance companies who may, for example, fail to adequately defend or pay a claim. Such behavior is considered a violation of an expectation to place greater value on the customers’ interests than the company’s interests.
Because bad faith involves the violation of contract terms, often the litigation of a bad faith claim involves examination and explict definition of any relevant contracts. Often, terms which may appear self-evident to the insured (the plaintiff), actually have special definitions which may be known to the insurance company but not to the insured. In a court, all obscure or unclear terms and conditions will likely be interpreted to carry out the reasonable expectations of the insured party. Generally, any terms which are not clear will be interpreted to benefit the insured. There is no burden of proof of harm (that the company intended to cause harm), only a failure to honor the agreement.
Our experienced insurance attorneys in Plantation, Florida have experience handling a variety of insurance cases. Contact Fenster & Cohen P.A. today by calling (954) 473-1500 or contacting us online for your free initial consultation. Our insurance attorneys work on a contingency fee basis, meaning that we only charge for our services if we win or settle your case. Ensure that you do not reach the statute of limitations for your insurance case and call us right away.