What is Insurance Bad Faith?
Insurance Bad Faith occurs when insurance companies and/or their employees fail to meet the duty of ‘good faith and fair dealing’ with their insureds, an unwritten obligation in every insurance agreement. Damages can be limited to emotional distress, be economic in nature (eg., failure to pay), or both.
What’s Needed to Handle Insurance Bad Faith Cases
Few lawyers possess the knowledge, skill and resources to successfully handle insurance bad faith cases. Insurance bad faith (including negligence of insurance agents and brokers) is a highly specialized area of law, with hundreds of years of case precedent and complicated statutes governing technical legal issues. For example, damages recoveries are different from those governing other areas of personal injury. Get it wrong, and vast amounts of potentially recoverable damages can be lost with disastrous consequences for the client and lawyer.
Most insurance bad faith cases involve punitive damages and employee misconduct. Holding the company responsible for employee misconduct is called ‘vicarious liability’ or ‘respondeat superior.’ These issues are typically complex, and the subject of special pleading requirements supported by ‘expert’ testimony, by professionals who specialize in claims handling. After 29 years of experience, as both a defense lawyer and victim’s (plaintiff) lawyer, Avery Law Firm has an extensive network of proven expert witnesses. The selection of experts is a critical to the success of a case, which bears on both the settlement value and likelihood of success at trial.
Jim Avery has an unprecedented track record in insurance bad faith cases, with well over a 90% win ratio. His 29 years of experience commands respect by other members of the bar and judges, who have voted him a Top 100 Trial Lawyer among his peers. Less than 1% of lawyers hold this distinction.
To Those That Have Suffered
A note to those who have suffered at the hands of insurance companies, Jim Avery has been the victim of insurance bad faith and insurance agent negligence, requiring a lawsuit to recover losses. He knows the rage and helplessness that you feel. You are not alone, and Jim Avery is here to help you through this difficult struggle and maximize your recovery. Contact Avery Law Firm at 303-840-2222 or (866) 987-4368, or fill out the contact form to get on the road to justice.