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Insurance companies sell trust when they sell you a policy. Because of that relationship, insurers are required to deal fairly and in good faith with their policyholders.
Every contract contains an "implied covenant of good faith and fair dealing." This covenant stipulates that neither party will infringe upon the right of the other to receive the benefits of the agreement. If an insurance company fails to abide by this implied covenant, they have acted in bad faith and will be subject to additional liability. If you feel your insurance company has acted in bad faith, contact attorney Shawn E. McDermott. Our lawyer serves Denver and Colorado Springs, and is experienced in representing clients in bad faith litigation.
Much has been written and published to help insurance companies avoid bad faith. However, many insurers continue to employ bad faith and / or unfair claims-handling practices.
Conduct that may amount to insurance bad faith includes:
Insurance bad faith involves one or more of the following:
In many states, if bad faith is found to have occurred, the insurance company is opened up to significant liabilities, including amounts well in excess of the policy limits or punitive damages.
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Before you pursue insurance bad faith litigation, remember: Even if denial of benefits is wrongful or erroneous, it may not amount to bad faith. In and of itself, wrongful denial of insurance benefits is merely a breach of the insurance contract.
However, when benefits are delayed or denied unreasonably, outrageously, maliciously, or without proper cause, insurance bad faith has occurred and damages can be recovered in court.
For more information about what does and does not constitute insurance bad faith, contact attorney Shawn E. McDermott. A lawyer serving Denver and Colorado Springs, Shawn specializes in insurance litigation.
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The more reprehensible the insurer's conduct, the greater damages can be awarded to an injured policyholder. It is possible to recover damages beyond the policy benefits themselves.
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Claims related to life insurance and accidental death and dismemberment (AD&D) are often denied. The basis for such denials often involves improper enrollment in an insurance plan, improper beneficiary designations, or disputes about whether a death or dismemberment (loss of an extremity) was an accident.
Other common problems relate to "conversion." When someone has life insurance through his or her job, he or she may be able to switch the policy from a group plan to an individual policy when that person leaves the job.
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Many life or AD&D insurance policies allow you to obtain a "premium waiver" if you become disabled while the life or AD&D coverage is in force. In other words, you do not pay the premium so long as you are disabled and unable to work.
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Like other types of insurance, you can often buy life or AD&D coverage through work, which means that these claims will also be governed by ERISA. If so, your claim may be governed by very short deadlines; therefore, it is important to act immediately when a claim is denied.
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If your claim for life insurance, accidental death & dismemberment insurance, or another type of insurance has been denied, you may have a basis for bad faith litigation. To increase your chances of a successful claim, please contact insurance bad faith lawyer Shawn E. McDermott. An attorney serving Denver, Colorado Springs, and surrounding areas since 1992, Shawn can provide you with dedicated representation so you can recover your policy benefits and any additional benefits to which you are entitled.
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If you may have a case related to insurance bad faith, contact experienced lawyer Shawn E. McDermott today. This attorney serves Denver, Colorado Springs, and surrounding communities.
An attorney client relationship is not established by submitting this initial contact information to
our office.
Law Office of
Shawn E. McDermott, LLC
The Riverpoint Building
2300 15th Street, Suite 200
Denver, Colorado 80202
Phone: 303-964-1800
Fax: 303-964-1900
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Shawn McDermott is also Of Counsel to the McDermott Law Firm in Canon City, which is owned and operated by John A. McDermott.
Insurance bad faith attorney Shawn E. McDermott, who serves Denver, Colorado Springs, and surrounding areas, has handled claims against numerous long-term disability carriers, including UNUM Life, UNUM Provident, Metropolitan, MetLife Disability, Hartford, CNA, Liberty Life Assurance Company of Boston, Liberty Mutual, Minnesota Mutual, Life Insurance Company of North America (LINA - a CIGNA Group Insurance company), The Prudential, Standard Insurance Company, The Principal, Reliance Standard, American Bankers, and Jefferson Pilot Financial.