Lafayette Bad Faith Insurance Lawyer | Suing Insurance Companies

Lafayette Parish Denied Insurance Claim Lawyer

Lafayette Bad Faith Insurance Lawyers help when your insurance company has denied your claim.If you have been offered an unfair settlement or had your claim denied by your insurance provider, you may feel helpless to do anything to fight back. A Lafayette bad faith insurance lawyer knows how to deal with these situations and can help make sure you are not taken advantage of by your Lafayette insurance company.

What is a Bad Faith Insurance Claim Rejection?

There are a variety of ways in which an insurance subscriber can be mistreated by the insurance company with whom they hold a policy. A Lafayette Insurance claim may be wrongfully rejected, the company may make unreasonably slow payment, the investigation may be improper, or the company may make only partial payment. When any of these things occurs, the insurance company has acted in bad faith. Insurance companies are in the business of making money. Their goal is to accept premiums while paying out on as few claims as possible. Call a Lafayette bad faith insurance lawyer to help you fight back!

Lafayette, LA Bad Faith Insurance Law

In Lafayette Parish, an insurer has the responsibility to deal with its insured with a high standard of care. This means that the insurance company must treat the policyholder with a duty of care and loyalty by dealing fairly, honestly, and in good faith at all times. If the insurance company breaches its contract with the policyholder, the policyholder may have a cause of action, which, in Louisiana, is called a "Insurance Bad Faith Claim." Bad Faith Insurance Claims include actions against insurance companies where the company has unjustifiably:

  1. Failed to compensate the insured for loss covered under the policy
  2. Unreasonably delayed making payments
  3. Failed to adequately pay a claim
  4. Conducted an improper investigation

If you are a Lafayette area policyholder and your insurance company has acted in bad faith with regard to your policy benefits, please do not hesitate to contact a Lafayette, Louisiana bad faith insurance lawyer or a Lafayette bad faith insurance attorney today to discuss your case.

What protections does Louisiana law provide against abuses by insurance companies?

The Louisiana Revised Statutes require all insurance companies to treat insurance claims from customers in good faith and within time limits. If an insurance company is wrongfully denying your claims or taking too long, contact a Lafayette Insurance Bad Faith Attorney today.

Insurance companies are expected to do the following:

  • Communicate often and quickly with you. 
  • Pay all of the benefits allowed under the policy within a reasonable time.
  • Settle when there is a reason to settle.
  • Investigate the claim thoroughly.
  • Take into account your interests.
  • Start investigating quickly.

Punitive Damages:

Punitive damages are a legal device designed to help both the public at large and the people injured by an insurance company's bad faith actions. Punitive damages are extra money paid by the insurer to the injured person. They are not intended to pay the injured person back for any loss they have incurred and are different from pain and suffering damages. The purpose of these damages is to prevent others from doing the same bad things that the defendant did. In the same way jail is designed to act as a deterrent to keep people from committing crimes, punitive damages are designed to keep companies and corporations from treating people poorly. Louisiana only allows punitive damages in a few rare cases, however, bad faith on the part of insurance companies is one of the times punitive damages are allowed. Insurance companies may be forced to pay punitive damages for their bad faith conduct when they fail to adjust claims fairly and promptly or to make a reasonable effort to settle claims. Specifically, punitive damages are available in the following situations (Louisiana RS 22:1973).

  • Misrepresenting pertinent facts or insurance policy provisions relating to any coverages at issue.
  • Failing to pay a settlement within thirty days after an agreement is reduced to writing.
  • Denying coverage or attempting to settle a claim on the basis of an application which the insurer knows was altered without notice to, or knowledge or consent of, the insured.
  • Misleading a claimant as to the applicable prescriptive period.
  • Failing to pay the amount of any claim due any person insured by the contract within sixty days after receipt of satisfactory proof of loss from the claimant when such failure is arbitrary, capricious, or without probable cause.
  • Failing to pay claims pursuant to R.S. 22:1893 when such failure is arbitrary, capricious, or without probable cause.
  • Situations involving health or accident insurance policies are not included.
  • Failure to begin the loss adjustment process within 14 days in non-catastrophic cases.
  • Other, less common situations have their own penalties and can be found on our punitive damages statute page.
  • Consult a Lafayette Bad Faith Insurance Attorney for a consultation on how these laws apply to your claim.
The damages available in any one of the above situations include the actual damages that the behavior of the insurance company has caused you, and assuming they committed the act knowingly, punitive damages. In Louisiana, the punitive damages available against an insurer may include an amount not to exceed two times the damages sustained or five thousand dollars, whichever is greater. This means that even if a court finds that the insurance company only caused you $1 worth of damage, they could still award up to $5,000 in punitive damages. If a court finds that the insurer caused you $250,000 in damages, it could award up to an additional $500,000 in punitive damages. Only a licensed Lafayette Bad Faith Insurance Attorney can advise you of which damages will be available in your case.
Lafayette Area Insurance Companies
114B Arnould Boulevard
Lafayette, LA 70503
(337) 981-0123
1913 West Congress Street
Lafayette, LA 70506
(337) 237-3108
315 South College Road
Lafayette, LA 70503
(337) 234-9803
The Erny Insurance Agency‎
801 West Congress Street
Lafayette, LA 70501
(337) 234-6246
514 Johnston Street
Lafayette, LA 70501
(337) 233-3400
400 E Kaliste Saloom Rpad Suite 5150
Lafayette, LA 70508
(337) 261-9800
200 West Congress Street
Lafayette, LA 70501
(337) 291-2510
1401 West University Avenue
Lafayette, LA 70506
(337) 232-8789

 

Lafayette insurance lawyers encounter bad faith insurer practices in the following areas:  

Disability Insurance 

Unum Provident, for example, is notorious for failing to pay claims or raising one silly little "point" to stall paying you your disability money when you need it the most. There are certain notice requirements that must be met and there are many medical conditions that are built into the contracts that exclude some coverage.Big insurance companies feel like they can get away with picking on Lafayette residents. Make insurance companies fight someone their own size. Contact a Lafayette Bad Faith Insurance Attorney today.

Lafayette insurance claims attorneys know the technical terms of those complicated insurance contracts, and therefore have the tools to challenge an insurance company's denial of a claim. If you have questions about your disability policy, contact one of the Lafayette disability insurance attorneys listed above today.

Life Insurance Policies

If your life insurance policy has been wrongfully canceled or if they have not paid you for a life insurance claim, please contact a Louisiana Life Insurance Policy Lawyer today.

Auto Insurance Claims

Uninsured - Underinsured Clause Denials:

If you have an underinsured or uninsured clause in your auto insurance policy, the insurance company has a duty to compensate you for any loss you have suffered, which is not covered by the insurance policy of the person or entity causing your injury or damage. Insurance companies tend to fight these underinsured/uninsured claims aggressively. Louisiana generally requires all drivers to carry Uninsured Motorist (UM) insurance. If you are injured in a car accident and the other person does not have insurance or does not have enough to cover the cost of your injuries, Uninsured Motorist insurance should pay for your damages. It is important that you contact a Lafayette Bad Faith Insurance Lawyer as soon as possible to preserve your rights.

Contact one of the qualified Lafayette insurance attorneys listed on this page today for an initial free consultation.

Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish.