Effective Representation in Insurance Bad Faith Claims
At the Huntington, West Virginia law firm of McQueen Davis, PLLC, our attorneys represent clients in first-party and common law bad faith claims, and in actions involving unfair claims practices under the Unfair Trade Practices Act (UTPA). Our representation extends to both the prosecution and defense of claims or actions by insurance carriers against policy-holders, including declaratory judgment actions seeking to deny coverage, bad faith, unfair claims settlement practices, Hayseeds’ cases, common law bad faith, and fraud cases.
A bad faith insurance lawyer protecting your interests
At the core of bad faith insurance claims is the West Virginia Code wording of “not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear.”
Insurance law is complex. Bringing a claim requires the savvy guidance of an experienced bad faith insurance lawyer. A policy-holder may have a claim for coverage under his or her insurance policy, a claim for common law insurance bad faith, a claim for fraud and deception by an insurance adjuster, or a claim for statutory unfair claims settlement practices, or all of the above. There are differences between these theories of recovery that have significance regarding the remedies available, the potential costs associated with the litigation, and the kinds of defenses the insurer may attempt to impose.
An award of attorney fees to be paid by the insurance company and an award of punitive damages are also available remedies that should be considered. In short, prosecuting complicated or relatively simple insurance claims against an insurer requires in depth knowledge of insurance practices and procedures, insurance laws, and insurance regulations issued by the Insurance Commissioner, as well as an appreciation of the kinds of tactics that are employed by insurance companies and insurance defense lawyers who will oppose bad faith claims. At McQueen Davis, PLLC, our attorneys have the depth of knowledge and experience to handle such claims against insurance companies in an effective and persuasive manner based on proven results in numerous previous cases. We prosecute insurers on behalf of policy holders in clams that allege the following types of violations of insurance law:
- Misrepresentation of pertinent facts or insurance policy provisions regarding coverage
- Reasonable failure to acknowledge and promptly communicate in response to insurance claims
- Claims payment refusals without reasonably investigating the claim
- No good faith attempt at a prompt, fair and equitable claims settlement in which liability is reasonably clear
McQueen Davis, PLLC has extensive experience handling bad faith insurance litigation. Our attorneys have in-depth knowledge of the tactics that insurance defense counsel use and the conduct that insurance claims adjusters employ to defraud policy holders of the benefits of their policy. The perspective we bring to resolving these types of cases is extremely valuable, whether through alternative dispute resolution such as mediation, arbitration or courtroom litigation.