Unfair Claims Handling

Insurance Lawyers Contesting Unfair Claims Handling in West Virginia

Determined representation for wronged claimants or policy holders

States across the country have codified standards for insurance companies, and West Virginia is no exception. But whether an insurance company’s actions fit the definition of unfair claim settlement practices is often a complex question that relies on a close examination of the facts, a proper interpretation of case law and an application of industry standards. Only an experienced and determined insurance lawyer is up to that task. At McQueen Davis, PLLC, our attorneys draw on more than 50 years of combined insurance litigation experience to present a compelling case that advances your interests.

What are unfair settlement practices in the West Virginia insurance industry?

Chapter 33, Article 11, Section 4 of the West Virginia Code defines unfair claim settlement practices in the insurance business. Some of the most commonly litigated violations are:

  • Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue
  • Failing to acknowledge and act reasonably promptly
  • Refusing to pay claims without conducting a reasonable investigation based upon all available information
  • Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed
  • Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear
  • Compelling policyholders to sue by offering substantially less than the true value of the claim
  • Attempting to settle a claim for less than the amount a reasonable person would conclude the claim was worth by referencing written or printed advertisements
  • Attempting to settle a claim based on an application altered without the claimants knowledge or consent
  • Citing a policy of appealing arbitration awards to compel claimants to accept settlements for less than the arbitration award
  • Requiring duplicative reporting of losses
  • Failing to promptly settle claims under one portion of the insurance policy to coerce settlements under other portions of the policy
  • Failing to promptly provide a reasonable explanation for a denial of a claim

Assembling the proof necessary to establish unfair practices is painstaking work. At McQueen Davis, PLLC, our insurance law attorneys perform the thorough investigation necessary to construct a compelling case for you.

Third-party claimants in West Virginia who believe their unfair treatment is discriminatory have an additional cause of action for bad faith.

See our West Virginia insurance attorneys to litigate unfair settlement practice claims

Our legal team at McQueen Davis, PLLC provides skilled representation to claimants and insurers in unfair settlement practice litigation. Our experience can help you reach fair resolutions and avoid additional expenses. Call our Huntington office at 304-522-1344 or contact us online to schedule a free initial consultation.